Abdul Kadir v The King

Abdul Kadir v The King

The judge had the power to permit evidence via WhatsApp but the application was procedurally deficient, lacked necessary information, and failed to establish reliability or suitability; exclusion of Samad's evidence was correct and convictions are safe.

Source-derived case information.

Parties
Appellant: Abdul Kadir; Respondent: The King
Jurisdiction
England and Wales
Judgment Date
21 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Remote Testimony, Hearsay Evidence, Live Link Directions, Sexual Offences, Procedural Compliance
Criminal Law Evidence Remote Testimony Hearsay Evidence Live Link Directions Sexual Offences Procedural Compliance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Abdul Kadir

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether a judge can permit a witness outside the UK to give evidence via WhatsApp
  2. 2 Admissibility of hearsay evidence from a witness abroad
  3. 3 Safety of convictions in light of excluded evidence

Ratio Decidendi

The judge had the power to permit evidence via WhatsApp but the application was procedurally deficient, lacked necessary information, and failed to establish reliability or suitability; exclusion of Samad's evidence was correct and convictions are safe.

Court Disposition

Appeal dismissed

Orders

  • Convictions upheld
  • No further orders issued