McDowell, R. v [2014] NICC 17 (11 April 2014)

McDowell, R. v [2014] NICC 17 (11 April 2014)

The court held that Jason Mann's hearsay statement is potentially safely reliable and that counterbalancing measures, including the ability to challenge Mann's credibility and statutory safeguards, ensure a fair trial. The statement should not be excluded under Article 30 of the 2004 Order or Article 76 of the 1989 Order.

Citation
[2014] NICC 17
Parties
Prosecution: The Queen; Defendant: Ivan McDowell
Jurisdiction
Northern Ireland
Judgment Date
11 April 2014
Procedural Posture
Criminal / Pre Trial Hearsay Evidence Ruling
Outcome
application granted
Legal Topics
Hearsay Evidence, Admissibility, Fair Trial, Reliability of Witness, Counterbalancing Measures
Criminal Law Evidence Law Hearsay Evidence Admissibility Fair Trial Reliability of Witness Counterbalancing Measures

Case Brief

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Parties

The Queen

Prosecution

Ivan McDowell

Defendant

Procedural Posture

Criminal / Pre Trial Hearsay Evidence Ruling

Legal Issues

  1. 1 Should the hearsay statement of Jason Mann be admitted as evidence against the defendant despite concerns about reliability and fairness?
  2. 2 Does the statement meet the statutory requirements for admissibility and should it be excluded under Article 30 of the 2004 Order or Article 76 of the 1989 Order?

Ratio Decidendi

The court held that Jason Mann's hearsay statement is potentially safely reliable and that counterbalancing measures, including the ability to challenge Mann's credibility and statutory safeguards, ensure a fair trial. The statement should not be excluded under Article 30 of the 2004 Order or Article 76 of the 1989 Order.

Court Disposition

application granted

Orders

  • The prosecution is permitted to adduce the hearsay statement of Jason Mann dated 1 September 2009 as evidence at trial.