AG -v- Bhojwani [2009] JRC 217 (23 November 2009)

AG -v- Bhojwani [2009] JRC 217 (23 November 2009)

The court held that the statutory conditions for admissibility of the Nigerian documents were satisfied, there was no evidence of fabrication or forgery, and the provenance and content of the documents supported their authenticity. Balancing the interests of justice, the court found it appropriate to admit the documents, even though the defendant could not controvert some of them, as there was sufficient other evidence he could challenge and the documents were obtained in good faith.

Citation
[2009] JRC 217
Parties
Defendant: The Defendant; Prosecution: The Prosecution
Jurisdiction
Jersey
Judgment Date
23 November 2009
Procedural Posture
Criminal / Pre Trial Hearing on Admissibility of Evidence
Outcome
Application to exclude evidence dismissed; documents admitted.
Legal Topics
Admissibility of Foreign Evidence, Hearsay Exceptions, Money Laundering, Letters of Request, Interests of Justice Exclusion
Criminal Law Evidence Law International Cooperation Admissibility of Foreign Evidence Hearsay Exceptions Money Laundering Letters of Request Interests of Justice Exclusion

Case Brief

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Parties

The Defendant

Defendant

The Prosecution

Prosecution

Procedural Posture

Criminal / Pre Trial Hearing on Admissibility of Evidence

Legal Issues

  1. 1 Whether documents obtained from Nigeria under letters of request should be admitted as evidence under Article 65 of the Police Procedures in Criminal Evidence (Jersey) Law 2003
  2. 2 Whether the court should exclude certain Nigerian intergovernmental documents in the interests of justice under Article 66 of the same law

Ratio Decidendi

The court held that the statutory conditions for admissibility of the Nigerian documents were satisfied, there was no evidence of fabrication or forgery, and the provenance and content of the documents supported their authenticity. Balancing the interests of justice, the court found it appropriate to admit the documents, even though the defendant could not controvert some of them, as there was sufficient other evidence he could challenge and the documents were obtained in good faith.

Court Disposition

Application to exclude evidence dismissed; documents admitted.

Orders

  • Documents obtained under letters of request from Nigeria are admitted as evidence in the proceedings.