A trainee lawyer who was acquitted of money laundering has been awarded costs.
But Alex Gelling received only 50% of the trial costs she sought as significant parts of the defence case were not disclosed until the first day of the trial at the earliest.
Miss Gelling broke down in tears as the jury delivered its unanimous not guilty verdict at the Court of General Gaol Delivery in February this year.
The 26-year-old, of Hope Street, Douglas, denied becoming concerned in an arrangement with her then drug-dealer boyfriend to send drugs money in the post.
She had been accused of entering the arrangement with Blayne Mason Quinn, knowing or suspecting it would facilitate the acquisition, retention, use or control of criminal property.
Following her acquittal she sought to recover 100% of her defence costs.
At her trial, her defence disputed that the monies alleged to be the subject of the arrangement derived from criminal conduct.
And taking the stand, Miss Gelling averred that the money came from cash earnings which her then boyfriend earned as a result of his casual employment with her mother, Dr Tracy Bell.
Dr Bell gave evidence and produced original cash books which it was argued showed cash payments having been made to the applicant’s then-boyfriend for work at relevant times.
The prosecution did not dispute Dr Bell’s evidence and did not challenge the contents of the cash book.
But the defence advanced had not been disclosed to the prosecution at any time before the trial and nor had the documents produced by Dr Bell been disclosed to the prosecution until the third day of the trial.
At the costs hearing, however, it was stated on behalf of Ms Gelling that she had produced those documents to her original advocates before the instruction of an English KC.
In a judgment, Deemster Michael Hopmeier, who was the trial judge, said it was appropriate that Miss Gelling should recover 50% of her trial costs, not 100% as sought.
He said: ‘Whilst the prosecution submission that by reason of the defence litigation conduct Ms Gelling should recover no costs at all is superficially attractive, on the facts of this case it would in my judgment be wrong to deprive her, in the light of her acquittal, of all her trial costs.’
The Deemster said this may have been a case where early disclosure of the defence would require the prosecution to consider the strength of its case and might result in it determining it should not proceed, potentially saving significant public costs.
Miss Gelling was awarded 100% of her legal expenses incurred to Bridson Halsall in representing her prior to trial and advocate Paul Rodgers in respect of an application for a temporary advocates licence. She also received 75% of the reasonable legal expenses she incurred to Mr Rodgers in respect of his preparation and representation at the costs hearing.
Blayne Mason Quinn, aged 22, of Archallagan Terrace, Foxdale, was last month jailed for 27 months after admitting trafficking ketamine and cannabis.
* A previous version of this story stated that Alex Gelling received 50% of her costs after being acquitted of money laundering.
We are happy to clarify that Miss Gelling was awarded half her trial costs and 100% of all other associated legal costs (including legal representation, preliminary hearing, trial preparation) and apologize for any misunderstanding.