McCormick, R v [2008] NICC 47 (27 June 2008)

McCormick, R v [2008] NICC 47 (27 June 2008)

Admission of the impugned extract would not have such an adverse effect on the fairness of the trial as to warrant exclusion under Article 76 PACE 1989. There was no impropriety or breach of agreement by the prosecution, the evidence is relevant to the charge, and any weaknesses in the evidence can be challenged by the defence. Admission does not breach Article 6 ECHR.

Citation
[2008] NICC 47
Parties
Prosecution: The Queen; Accused: James McCormick
Jurisdiction
Northern Ireland
Judgment Date
27 June 2008
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Defence application to exclude evidence rejected
Legal Topics
Affray, Admissibility of Evidence, Redaction, Fair Trial, Article 76 PACE 1989, Article 6 ECHR
Criminal Law Evidence Affray Admissibility of Evidence Redaction Fair Trial Article 76 PACE 1989 Article 6 ECHR

Case Brief

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Parties

The Queen

Prosecution

James McCormick

Accused

Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 Whether the impugned extract from a witness statement should be excluded under Article 76 of the Police and Criminal Evidence (NI) Order 1989 due to alleged unfairness to the accused
  2. 2 Whether admission of the extract would breach the accused's right to a fair trial under Article 6 of the European Convention on Human Rights

Ratio Decidendi

Admission of the impugned extract would not have such an adverse effect on the fairness of the trial as to warrant exclusion under Article 76 PACE 1989. There was no impropriety or breach of agreement by the prosecution, the evidence is relevant to the charge, and any weaknesses in the evidence can be challenged by the defence. Admission does not breach Article 6 ECHR.

Court Disposition

Defence application to exclude evidence rejected

Orders

  • Impugned extract from Mr Devine's witness statement admitted into evidence