Morton, R v [2008] NICC 14 (17 April 2008)

Morton, R v [2008] NICC 14 (17 April 2008)

The court found that the reliability of the NCMEC reports as evidence for the purpose for which they were tendered was doubtful due to the anonymity of some sources, lack of verification of identified sources, and the inability to test the evidence through cross-examination. Therefore, it was not in the interests of justice to admit the reports under Article 18(1)(d), and a direction was made under Article 21(7) that the statements should not be admissible.

Citation
[2008] NICC 14
Parties
Accused: Michael Morton; Prosecution: Crown (R)
Jurisdiction
Northern Ireland
Judgment Date
17 April 2008
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Application to admit hearsay evidence refused
Legal Topics
Hearsay Evidence, Incitement, Child Pornography, Admissibility of Evidence
Criminal Law Evidence Hearsay Evidence Incitement Child Pornography Admissibility of Evidence

Case Brief

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Parties

Michael Morton

Accused

Crown (R)

Prosecution

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether hearsay evidence in the form of NCMEC reports should be admitted as proof of the contents of websites allegedly accessed by the accused during the relevant period
  2. 2 Whether the requirements of Articles 18 and 21 of the Criminal Justice (Evidence) (NI) Order 2004 are met for the admission of such evidence

Ratio Decidendi

The court found that the reliability of the NCMEC reports as evidence for the purpose for which they were tendered was doubtful due to the anonymity of some sources, lack of verification of identified sources, and the inability to test the evidence through cross-examination. Therefore, it was not in the interests of justice to admit the reports under Article 18(1)(d), and a direction was made under Article 21(7) that the statements should not be admissible.

Court Disposition

Application to admit hearsay evidence refused

Orders

  • The NCMEC reports are not admitted as evidence under Articles 18 and 21 of the Criminal Justice (Evidence) (NI) Order 2004.