The Court of Appeal quashed the applicants' conspiracy to traffic convictions and ordered new trials on the basis that the prosecutor had misled the jury by suggesting that defence counsel's failure to challenge evidence of a key meeting supported the Crown case, when in fact the Crown had threatened to adduce prejudicial evidence if the meeting was challenged. The convictions were set aside on the same ground that had succeeded for a co-offender in an earlier appeal, with the Crown conceding the point. Indemnity certificates were granted under s 14 of the Appeal Costs Act 1998.
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