Published 27 February 2019
Pre-trial ruling — admissibility of evidence — attempt to pervert the course of justice — injuring with intent to injure — kidnapping — aggravated robbery — probative value vs prejudice. The defendant appeared in relation to a pre-trial ruling on the admissibility of a telephone conversation between the defendant and the complainant. The defendant was charged with injuring with intent to injure, along with other charges, and in a conversation with the complainant of that charge, the defendant suggested that the injuries came as the result of her own actions. The Crown argued that this was an attempt to persuade her to give false evidence. However, in the same telephone conversation, there is a further passage which the Crown deleted and the defence wished to have admitted. In that portion, the complainant stated while talking to the defendant who was in prison: "Shall I get someone to waste him?". The defendant told the complainant not to speak like that on the prison phones. The statement at issue here referred to a witness in relation to charges of kidnapping and aggravated robbery. The Judge noted that this recording was an indirect character attack on the complainant, as it suggests she was willing to get someone to injure or kill the witness. The Judge held that this evidence did not have high probative value but did pose a high risk of prejudice, therefore, it was ruled inadmissible. Judgment Date: 28 February 2018.
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