Jersey Unreported Judgments

[2009]JRC060B

ROYAL COURT

(Samedi Division)

2^nd April 2009

The Attorney General

-v-

Curtis Warren

John Alan Welsh

James O'Brien

Jason Woodward

Paul Hunt

Oliver Lucas

Application for evidence to be excluded.

J. C. Gollop, Esq., Crown Advocate assisted by Advocate D. S. Steenson.

Advocate S. E. Fitz for Welsh.

Advocate E. Le Guillou for O'Brien.

Advocate D. Gilbert for Woodward.

Advocate M. J. Haines for Hunt.

Advocate M. L. Preston for Lucas.

Curtis Warren acting on his own behalf.

Advocate R. Tremoceiro as an amicus to the Court.

RULING

THE commisioner:

1.        The Crown seek to adduce evidence of comments made by the defendant Warren to a Detective Constable when passing through Jersey Airport on 30^th June, 2007.  When asked whether he was involved in drugs Warren is said to have stated "I could take Britain back and could take Jersey easily".  The Crown are content to exclude the word "back" because it is conceded that this would be a reference to antecedent, prejudicial behaviour, but they contend that the remainder of the comment is probative and that it would be fair to admit it. 

2.        While recognising its prejudicial effect the Crown submit that this is important background and explanatory evidence.  I disagree.  In my view the words are neither relevant nor probative of any issue which the Crown have to prove.  The only thing they go to prove is a propensity to commit an offence.  They cannot prove that Warren participated in the alleged conspiracy.  The Criminal Justice Act 2003 has not been incorporated into, and does not form part of the Law of Jersey.  Were it so different considerations might apply.

3.        I direct that this evidence should be excluded.  In any event its prejudicial effect far outweighs any probative value.

Authorities

Criminal Justice Act 2003.