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Jersey Unreported Judgments
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AG -v- T [2014] JRC 103 (06 May 2014)
URL: http://www.bailii.org/je/cases/UR/2014/2014_103.html
Cite as:
[2014] JRC 103
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Criminal-Defence application to adduce evidence
[2014]JRC103
Royal Court
(Samedi)
6 May 2014
Before :
|
P.J.L. Beaumont, C.B.E. Q.C., Commissioner,
sitting alone
|
The Attorney General
-v-
T
Miss S. J. O'Donnell, Crown Advocate.
Advocate C. Hall for the Defendant.
JUDGMENT
THE COMMISSIONER:
1.
I am not
going to permit exploration of this topic before the Jury, my reasons are as
follows:-
2.
The Defence
Advocate with commendable candour seeks to explore through Detective Constable
Percival, the officer in the case, a threat to Witness G by Witness B. The relevance, it being submitted, is
that that demonstrates, because of the connection between Witness B and the complainant
Witness H, the extent to which the latter would go in the animus that she holds
towards the defendant in this case.
The problem with that is the remoteness. It is, in my judgment, far too remote to
be properly explored before the Jury because it touches not on the credit
directly or indirectly of the complainant.
The Witness B relationship with the complainant has been explored to the
extent that it properly can be by the Defence Advocate and she is bound by the
answer that she has received on the Social Security fraud, so called.
3.
To extend
this extremely collateral issue any further would, in my judgment be
counter-productive in terms of the matters that the Jury are properly charged
with deciding between the Crown, based on the evidence of Witness H relating
directly to the grave and criminal assaults that she alleges against the
defendant and the indecent assault.
To take it any further than those matters would, in my judgment, be
potentially misleading and wholly irrelevant so for those reasons this
application is refused.
No Authorities