DPP v Atkinson & Ors [2014] NIMag 1 (03 Sep 2014)

DPP v Atkinson & Ors [2014] NIMag 1 (03 Sep 2014)

The court found Andrea Jones to be an entirely unreliable and unconvincing witness, whose evidence was so undermined by dishonesty, inconsistency, and lack of corroboration that it was insufficient to put the accused on trial. As there was no independent evidence against the defendants, the statutory test for committal was not met.

Citation
[2014] NIMag 1
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Robert Atkinson; Defendant: Eleanor Atkinson; Defendant: Kenneth Hanvey
Jurisdiction
England and Wales
Judgment Date
03 September 2014
Procedural Posture
Criminal Committal Proceedings / Preliminary Inquiry (committal) in Magistrates’ Court
Outcome
All defendants discharged; not committed for trial.
Legal Topics
Committal Proceedings, Sufficiency of Evidence, Credibility of Witnesses, Conspiracy to Pervert the Course of Justice, Abuse of Process
Criminal Law Criminal Procedure Committal Proceedings Sufficiency of Evidence Credibility of Witnesses Conspiracy to Pervert the Course of Justice Abuse of Process

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Parties

Director of Public Prosecutions

Prosecutor

Robert Atkinson

Defendant

Eleanor Atkinson

Defendant

Kenneth Hanvey

Defendant

Procedural Posture

Criminal Committal Proceedings / Preliminary Inquiry (committal) in Magistrates’ Court

Legal Issues

  1. 1 Whether the evidence, dependent solely on the credibility of Andrea Jones (formerly McKee), is sufficient to commit the defendants for trial for conspiracy to pervert the course of justice.

Ratio Decidendi

The court found Andrea Jones to be an entirely unreliable and unconvincing witness, whose evidence was so undermined by dishonesty, inconsistency, and lack of corroboration that it was insufficient to put the accused on trial. As there was no independent evidence against the defendants, the statutory test for committal was not met.

Court Disposition

All defendants discharged; not committed for trial.

Orders

  • Each of the accused is discharged in respect of all matters before the court.