AG v Yuksel 23-Oct-2019 [2019] JRC 209 (23 October 2019)

AG v Yuksel 23-Oct-2019 [2019] JRC 209 (23 October 2019)

It is proportionate and in the interests of justice to grant leave for overseas complainants to give evidence by live TV link, given the nature of their evidence, supporting documentation, and the legislative provision allowing such evidence, with proper arrangements to ensure uninfluenced testimony.

Source-derived case information.

Citation
[2019] JRC 209
Parties
Applicant: Attorney General; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
23 October 2019
Procedural Posture
Criminal / Pre Trial Application
Outcome
Leave granted for overseas complainants to give evidence by live television link; leave refused for UK-based complainants.
Legal Topics
Witness Evidence, Television Link, Proportionality, Cross Examination
Criminal Law Evidence Law Witness Evidence Television Link Proportionality Cross Examination

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Parties

Attorney General

Applicant

Defendant

Respondent

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Should leave be granted for overseas complainants to give evidence by live television link under Article 14A of the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998?
  2. 2 Is there prejudice to the defendant if evidence is given by TV link rather than in person?
  3. 3 Are proper arrangements required to ensure uninfluenced evidence by TV link?

Ratio Decidendi

It is proportionate and in the interests of justice to grant leave for overseas complainants to give evidence by live TV link, given the nature of their evidence, supporting documentation, and the legislative provision allowing such evidence, with proper arrangements to ensure uninfluenced testimony.

Court Disposition

Leave granted for overseas complainants to give evidence by live television link; leave refused for UK-based complainants.

Orders

  • Prosecution to provide details of TV link arrangements within 10 days for possible defence reconsideration.
  • Future applications for TV link evidence must include details of arrangements.