‘Unique’ acquittal at Bailey following hearsay argument

14.08.12 | |

In a recent case at the Central Criminal Court ( R v W-D) the prosecution relied on the hearsay statement evidence of a hostile witness in the prosecution of a defendant for a series of serious offences over 8 years including S18 ( grievous bodily harm) and false imprisonment. Jeannie Mackie in a half time submission argued that there was no case to answer on the evidence overall, and that the hearsay evidence was 'unconvincing' under S125 Criminal Justice Act 2003. Upholding her submission, Judge Timothy Pontius said the case was 'unique' and that any conviction would be unsafe. The jury were directed to acquit on all 6 counts.

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