Defending the chief operating officer of a London tech company, Ms Davda, was charged with fraud by abuse of position.
Ms Davda was alleged to have misappropriated over £140,000 from her employer, an internet technology company, and passed the proceeds on to her then boyfriend Mr Panchal. Ben FitzGerald was instructed to defend her, after the owner of the aggrieved company instructed solicitors specialising in private prosecutions to investigate and prepare the case for the police. He pursued extensive disclosure applications, then used the material obtained in extensive cross-examination of the complainant. The cross-examination was so effective that the prosecution offered no further evidence at its conclusion.
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