AG v Bhojwani [2009] JRC 052 (20 March 2009)

The defence cannot adduce expert evidence without leave as it has not complied with Article 3; no application for leave can be made until written expert opinions are available. The current application is dismissed as unsupported by expert opinions.

Citation: [2009] JRC 052
Parties: Defendant: Defendant; Prosecution: Prosecution
Jurisdiction: Jersey
Judgment Date: 20 March 2009
Procedural Posture: Criminal / Pre Trial Application
Outcome: application dismissed
Legal Topics: Expert Evidence, Notice Requirements, Trial Adjournment

Criminal Procedure Expert Evidence Notice Requirements Trial Adjournment

Case Brief

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Parties

Defendant

Prosecution

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

1 Whether the defence can adduce expert evidence without complying with Article 3 of the Criminal Procedure (Notice of Expert Evidence) Rules 2000
2 Whether leave should be granted to adduce expert evidence when no written opinion is available
3 Timeliness and adequacy of defence compliance with court directions

Ratio Decidendi

Court Disposition

application dismissed

Orders

If the defence wishes to secure expert evidence for trial, it must obtain expert opinions and apply for leave urgently.
The prosecution must notify the Court and defence within 21 days of receipt of Mr Narayanan's evidence and within 14 days of receipt of Mr Ramakrishnan's evidence regarding any challenge to admissibility.