Barry Gilbert, instructed by Sam Nundy of Levy & Co, successfully opposed a prosecution application to read five hearsay witnesses. B had allegedly stabbed the complainant whilst in B’s flat – the complainant had been heard to shout B’s name by two witnesses who lived in neighbouring flats. The complainant ran from the flat to a local store where she gave B’s name to the store manager and a customer. Three stab wounds were later found in her back. When police arrived, one officer had his bodycam operating and the complainant again stated B’s name.
The complainant refused to attend Court. The prosecution applied to read all five witnesses and play the bodyworn video.
After a day of legal argument and a great deal of disclosure concerning the complainant’s drug history the Judge ruled that none of the evidence was admissible. All of it emanated from the complainant and, despite the res gestae of the shouts at the time of the alleged offence, the Judge found that the complainant was so unreliable that all of the potential hearsay evidence was fundamentally tainted.
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