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How can I help with this please?
Sorry, I couldn't see your question below.
Sorry if I am missing the point but why should they not be able to win?
There is no way of doing that I'm afraid.
He can always tell them that he is not willing to support the case but that doesn't really address what you want to do. If you are hoping that he can remove his statement from evidence then that is not possible. Once a statement is made it is evidence.
They choose to summons him. They get very free with that power now that it is in use with domestics. Whether they would or not is another matter.
I'm very sorry but once you make a statement in S9 form you cannot remove it from view.
Can I clarify anything for you?
Yes, that is right I'm afraid.