QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE SULLIVAN
|THE QUEEN ON THE APPLICATION OF|
|VIVAN MARY JONES||(CLAIMANT)|
|GUILDFORD CROWN COURT||(DEFENDANT)|
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THE DEFENDANT DID NOT APPEAR AND WAS NOT REPRESENTED
Crown Copyright ©
"This application is frivolous. In my view, if it is made before the Divisional Court, the prosecution should be represented to make sure that the facts put before the Court on behalf of the appellant are correct. A transcript should be obtained of what I said when dismissing the appeal and making the order for costs".
"The prosecution were allowed an adjournment to call 3 witnesses because the defence took a technical point which had no merit. The evidence of the analysis of the blood sample taken from the appellant was in reality not in dispute at all - as the defence well knew because live evidence from an analyst had been called at the Magistrates' Court. The prosecution had served Section 9 statements from 3 witnesses from the laboratory in Lancashire upon the defence, but by an oversight the witness statements which were served had not been signed by the witnesses. In fact signed copies of the witness statements were obtained, but were only available on the first day of the hearing and had not been served."
I pause there to say it appears that they were faxed down during the course of the day.
"It followed that technically the 3 witness statements could not be read. It was in those circumstances that the Court adjourned for 2 days so that the 3 witnesses could attend from Lancashire - at great public expense and inconvenience. When they were called their evidence was not disputed. This was not surprising since the defence already knew that there was no point to be taken on this evidence. The only point of substance taken on the appeal was whether the officer was correct to have a blood sample taken from the appellant."