The Admissibility of Witness Statements Obtained Abroad: R v Radak
| Published date | 01 July 1999 |
| Date | 01 July 1999 |
| DOI | 10.1177/136571279900300304 |
| Subject Matter | Case Note |
CASE
NOTE
The
admissibility
of
witness
statements
obtained
abroad:
Rv
Radak
By
Susan
Nash
University
of
Westminster
In R v Radak[1999]1 Cr App R 187,
the
Court
of
Appeal was called
upon
to consider, inter alia,
whether
failure by
the
prosecution to take
advantage
of
mutual
legal assistance mechanisms for
obtaining
evidence abroad was a relevant factor to be
taken
into
consideration in
deciding
whether
to
admit
the
evidence. The applicants lodged an appeal
against a
ruling
made
in
the
course
of
apreparatory
hearing
on
the
admissibility
of
written
statements
taken
from awitness living in
the
USA.
The
trial
judge
ruled
that
it
was in
the
interests
of
justice to
grant
the
prosecution leave to adduce
the
statements
in evidence
without
the
witness
attending. Although
the
prosecution
had
known from
the
outset
that
the
witness was
reluctant
to leave
the
USA
to
attend
to give oral evidence,
they
failed to
obtain
his
statement
in
accordance
with
the
provisions
of
s. 3
of
the
Criminal Justice (International Co-operation) Act 1990. In allowing
the
appeal,
the
court
was
of
the
opinion
that
failure to make use
of
machinery
provided by a
mutual
legal assistance
treaty
resulted in a degree
of
unfairness
to
the
accused
which
was significant,
and
in
the
interests
of
justice
the
statement
ought
not
to be adduced in evidence.
The appellants were charged
with
arange
of
money
laundering
offences
arising
out
of
the
unauthorised
transfer
of
money from a
bank
account
held
in
the
USA.
It
was alleged
that
they
had
been
responsible for
the
withdrawal
of
approximately
US$1
million by deception, by means
of
documents
containing
the
forged
signature
of
Mr Shifrin,
the
account
holder. Owing
THE
INTERNATIONAL
JOURNAL
OF
EVIDENCE
&
PROOF
195
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