Recent Judicial Decisions
| Date | 01 March 2006 |
| DOI | 10.1350/pojo.2006.79.1.90 |
| Author | Jane Creaton |
| Published date | 01 March 2006 |
| Subject Matter | Recent Judicial Decisions |
JANE CREATON
Legal Correspondent
Email: jane.creaton@port.ac.uk
RECENT JUDICIAL DECISIONS
Admissibility of Written Statement
R v Imad Al-Khawaja [2005] EWCA Crim 2697
Court of Appeal (Criminal Division)
3 November 2005
Admissibility of written statement from deceased witness;
Criminal Justice Act 1988, ss 23–25; European
Convention on Human Rights, Article 6; right to cross-
examine witness essential element of fair trial?
This was an appeal against a conviction on two counts of
indecent assault.
The facts
Mr Al-Khawaja was a consultant doctor at a rehabilitation
centre. He was alleged to have assaulted two female patients
during the course of hypnotherapy sessions. One of the alleged
victims committed suicide before the trial and at a pre-trial
hearing the judge ruled that her witness statement could be read
in evidence at the trial in accordance with ss 23, 25 and 26 of the
Criminal Justice Act 1988. The appellant was convicted of two
counts of indecent assault on a female.
The appeal
At the pre-trial hearing the judge had considered the issue of the
admissibility of the statement by analysis of ss 23 to 28 of
the Criminal Justice Act 1988 and concluded that he was
satisfied that it was in the interests of justice for the statement to
be admitted in evidence. The judge did not consider Article 6 of
the European Convention on Human Rights or the associated
case law. The appellant argued that had the judge done so,
he would have decided not to admit the statement in evidence.
The appellant therefore appealed against his conviction on the
grounds that (a) the admission of a written statement made by
the complainant who had died was a breach of Article 6 of the
European Convention on Human Rights and (b) that the judge
did not give an adequate direction to the jury in his summing up
as to the disadvantage to the appellant.
90 The Police Journal, Volume 79 (2006)
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