I know of a case where a text message where the def is supposed to have admitted guilt was put into the evidence during the course of the trial. Not only that, it was not listed as an exhibit.
The trial was ongoing, one complainant witness mentioned a text message that the def is supposed to have sent to her. Judge asks "where is this text message?"
OIC jumps up from the public gallery "I just happen to have a copy of it in my pocket".
He said he made a hand written copy as he could not retrieve it from the phone. Def counsel turned to the def and said, without looking at the [supposed] text message "do you want to allow this in?" Def said "I've got nothing to hide, yes".
So the scrappy piece of paper the copy was written on was quickly made NAE - Notice of Additional Evidence. When it was read out, the def said "that's a load of rubbish". Trouble is the cat was out of the bag. He denied sending that particular message but it was too late.
Trying to appeal via CCRC on that. At the moment they have rejected that ground........ Why the OIC did not take a photograph of that supposed text message rather than "copying it" is anyone's guess. Well actually no it's not. He was very friendly with that complainant........
The trial was ongoing, one complainant witness mentioned a text message that the def is supposed to have sent to her. Judge asks "where is this text message?"
OIC jumps up from the public gallery "I just happen to have a copy of it in my pocket".
He said he made a hand written copy as he could not retrieve it from the phone. Def counsel turned to the def and said, without looking at the [supposed] text message "do you want to allow this in?" Def said "I've got nothing to hide, yes".
So the scrappy piece of paper the copy was written on was quickly made NAE - Notice of Additional Evidence. When it was read out, the def said "that's a load of rubbish". Trouble is the cat was out of the bag. He denied sending that particular message but it was too late.
Trying to appeal via CCRC on that. At the moment they have rejected that ground........ Why the OIC did not take a photograph of that supposed text message rather than "copying it" is anyone's guess. Well actually no it's not. He was very friendly with that complainant........
Comment