R v Dubignon (CO 3/1998) [1998] SCSC 12 (25 August 1998)

R v Dubignon (CO 3/1998) [1998] SCSC 12 (25 August 1998)

The application to admit the statement of Kerer William as evidence for the defence through L/C Payet is disallowed because it constitutes inadmissible hearsay; only the maker of the statement can testify as to its voluntariness and accuracy and be subject to cross-examination.

Citation
[1998] SCSC 12
Parties
Prosecution: Republic; Accused: Tony Dubignon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 August 1998
Case Number
CO 3/1998
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Evidence
Outcome
application disallowed
Legal Topics
Hearsay, Admissibility of Evidence, Relevancy, Criminal Procedure
Source Language
English
Criminal Law Evidence Hearsay Admissibility of Evidence Relevancy Criminal Procedure

Case Brief

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Parties

Republic

Prosecution

Tony Dubignon

Accused

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the statement of Kerer William alias Kamal William can be admitted as evidence for the defence through L/C Payet on the basis of relevancy despite being hearsay.

Ratio Decidendi

The application to admit the statement of Kerer William as evidence for the defence through L/C Payet is disallowed because it constitutes inadmissible hearsay; only the maker of the statement can testify as to its voluntariness and accuracy and be subject to cross-examination.

Court Disposition

application disallowed

Orders

  • Application to admit hearsay evidence through L/C Payet is refused.
  • Defence may call Kerer William alias Kamal William to testify directly.