B e f o r e :
|(1) JULIE BEARDS|
|(2) STEVEN BEARDS|
Mr Jo Sidhu QC & Mr Harbinder Singh Lally appeared for the First Defendant
Mr Douglas Day QC & Mr David Houldcroft appeared for the Second Defendant
Crown Copyright ©
Mr Justice Green :
A. The issue
B. The position of the Defendant: Measures of adjustment taken in the course of the trial
C. Main issues in dispute between Prosecution and Defence
D. Summary of Contents of Report
E. The test of admissibility
F. Is the intermediary an expert?
G. Are these issues within the normal competence of the jury?
H. What sorts of issues might the expert evidence be relevant to?
"33. Thirdly, we have noted the tendency of the appellant, during his evidence before the Reading jury, to pick arguments with the prosecutor over comparatively trivial detail, while failing, unless re-directed, to confront the underlying and critical question (paragraph 21 above). In our opinion, the expert evidence would have been of value to the jury in determining whether, on the one hand, the appellant was evading the question or, on the other, that he was, as a result of his unusual traits, reluctant to be deflected from his pre-occupation with matters of detail. We have noted also (at paragraph 24) the questionable explanation given by the appellant for his internet search. Both in assessing the content of his evidence and the manner in which it was delivered, it seems to us that the expert evidence would have been informative. We have given full consideration to Mr Price's argument that during the Aylesbury trial the appellant demonstrated himself to be a calculating witness, quite capable of trimming his evidence to suit the case then being presented to the jury. However, even if Mr Price is right, and we are not sure that he is, we cannot conclude that his criticisms of the appellant's evidence establish that he was undoubtedly lying to the Reading jury about the lack of sexual motivation for his actions towards the complainants SF and ZB."
I. The form in which the evidence is to be tendered.
J. Inclusion in the Jury Bundle