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I need help with finding detailed information on the categories which roll into "abuse of process" in particular;
Inability of defence to cross examine prosecution evidence, and
non disclosure of evidence by prosecution which could help the defence.
Hope this helps
I have viewed your profile but you do not specialise in criminal law. Will you still be able to help?
Ok, I'll try.
The prosecution withheld valuable evidence which could have helped the defence, "non disclosure by prosecution"
As well as, defence's inability to examine evidence and cross examine prosecution witness.
Hope this helps.
Evidence, is phone records which the prosecution had, but did not disclose this which would have helped the defence in their case. At the same time, they said they did not have it.....
Charge is drugs related.
The court has now given prosecution 30 days to release this evidence.
There has OBVIOUSLY been an abuse of process to get a conviction of an innocent person.
I am trying to do research for a friend in need.
Can you please help a bit more by references to cases to elaborate
- bad faith
- How can someone show they cannot receive a fair trial?
- show phone evidence is pivotal?
s78 refers more to "Exclusion of evidence", which is not the issue in this case from the defence perspective.
the phone records aren't lost. I believe they decided that it wasn't relevant despite being told otherwise.
What about the "inability to examine evidence and cross examination"?
I would like to read up a bit more on " Abuse of process", can you please point me in the right direction.
I will look at the links tonight and let you know if I need anymore help.
Thanks for your help so far