How we approach the matter
Advice grounded in the facts, documents and remedy required.
A malicious prosecution claim requires more than showing that a charge was withdrawn or that the accused was acquitted. The enquiry includes who set the prosecution in motion, the information available, whether reasonable and probable cause existed, the purpose for which the prosecution was pursued and how it ended.
The firm reconstructs the prosecution through the docket, charge sheet, court record, witness evidence and correspondence. That evidence is considered alongside the effect of the proceedings on the client before realistic advice is given on prospects and the appropriate defendants.
How Mhlaba & Associates can assist
- Analysing how the criminal proceedings began and continued
- Reviewing the docket, charge sheet and court record
- Assessing police and prosecutorial conduct
- Preparing statutory notices and civil pleadings
- Presenting evidence of reputational, emotional and financial harm