R. v. Ellard

R. v. Ellard

Necessity was established because the witness was unavailable, but the reliability requirement failed: absence of meaningful contemporaneous cross-examination by or for the accused and lack of visual presence (only audio/transcripts) made the prior trial testimony unreliable and its admission would be dangerous and...

Source-derived case information.

Citation
2000 BCSC 563
Parties
Crown: Her Majesty the Queen; Accused: Kelly Marie Ellard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 March 2000
Procedural Posture
Criminal Murder; Voir Dire on Admissibility of Hearsay / Voir Dire (pre Trial Ruling on Admissibility)
Outcome
Application dismissed; hearsay evidence (Glowatski's prior trial testimony) excluded
Legal Topics
Hearsay Exception, Necessity and Reliability, Cross Examination Right, Unavailability of Witness, Admissibility of Prior Trial Testimony
Source Language
english
Criminal Law Evidence Hearsay Hearsay Exception Necessity and Reliability Cross Examination Right Unavailability of Witness Admissibility of Prior Trial Testimony

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Kelly Marie Ellard

Accused

Procedural Posture

Criminal Murder; Voir Dire on Admissibility of Hearsay / Voir Dire (pre Trial Ruling on Admissibility)

Legal Issues

  1. 1 Whether prior trial testimony of an unavailable witness is admissible as a hearsay exception
  2. 2 Whether necessity criterion is satisfied
  3. 3 Whether reliability criterion is satisfied focusing on oath, presence and contemporaneous cross-examination

Ratio Decidendi

Necessity was established because the witness was unavailable, but the reliability requirement failed: absence of meaningful contemporaneous cross-examination by or for the accused and lack of visual presence (only audio/transcripts) made the prior trial testimony unreliable and its admission would be dangerous and unfair; accordingly the hearsay evidence was excluded.

Court Disposition

Application dismissed; hearsay evidence (Glowatski's prior trial testimony) excluded

Orders

  • Crown's application to admit Warren Glowatski's prior trial testimony is dismissed
  • Hearsay evidence of Warren Glowatski is excluded as inadmissible