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  • Gamma Forward...

    ...what is this new evidence act they are trying to use in the Kartel murder case...how can you read testimony into evidence for a witness that cannot be located? so the defence don't get a chance to rebut the testimony seeing as, well, there is no witness in court? dat sound like a hanging act more than an evidence act...

  • #2
    There was always a provision for the "best evidence rule" which is in essence that if the person who gave a statement is unavailable by reason of for example DEATH then subject to certain guidelines and the appropriate instruction s from the judge to the jury in respect of how to treat the evidence it is admissible. But it would have to be shown through void dire that this is the best evidence available and the reason why. Of course this evidence would have to have. Een disclosed to the defense score it could used in any event

    That was my understanding.

    Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

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    • #3
      So if a witness is killed, his evidence can be used?

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      • #4
        Originally posted by Exile View Post
        So if a witness is killed, his evidence can be used?
        Wouldn't being killed fall under "death"?
        "Only when you drink from the river of silence shall you indeed sing. And when you have reached the mountain top, then you shall begin to climb. And when the earth shall claim your limbs, then shall you truly dance." ~ Kahlil Gibran

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        • #5
          Tilla,

          Do you have a cousin named Christopher that used to hurdle for StGC back in the 1979?

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          • #6
            Our courts need to do things that you may not find in other countries given our habit of making witnesses disappear.

            Good move, Judge!


            BLACK LIVES MATTER

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            • #7
              Willi, I've always been asked that question. I do not know him however and never took the time to trace relationships. If my father was alive, he possibly could shed some light on that.
              "Only when you drink from the river of silence shall you indeed sing. And when you have reached the mountain top, then you shall begin to climb. And when the earth shall claim your limbs, then shall you truly dance." ~ Kahlil Gibran

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              • #8
                What did the judge do?

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                • #9
                  ...just adding that 'missing' witnesses statements are used in trials.

                  Just one example: Statements from a victim on his/her death bed...sometimes when trials come around they have 'vanked'.
                  "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

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                  • #10
                    Tilla, cool huh...just reinforcing a point....

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                    • #11
                      You Are Correct!

                      Originally posted by Mosiah View Post
                      Our courts need to do things that you may not find in other countries given our habit of making witnesses disappear.
                      I completely support your statement here!

                      What bothers me is that EVERYTHING (except our sprinters) moves at a laid-back, snail’s pace in Jamaica, even in cases where urgency and being proactive are obviously desirable!

                      In a sense, Asafa’s paradox of being a speedster and a lazy, laid-back and somewhat naive person perfectly symbolizes Jamaica.

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                      • #12
                        Me nuh know man!


                        BLACK LIVES MATTER

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                        • #13
                          Originally posted by Mosiah View Post
                          Our courts need to do things that you may not find in other countries given our habit of making witnesses disappear.

                          Good move, Judge!
                          Maybe if the criminals found themselves begging Pusey fi ah bly... di ting wudda tun up
                          TIVOLI: THE DESTRUCTION OF JAMAICA'S EVIL EMPIRE

                          Recognizing the victims of Jamaica's horrendous criminality and exposing the Dummies like Dippy supporting criminals by their deeds.. or their silence.

                          D1 - Xposing Dummies since 2007

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                          • #14
                            Prisoners begging what?!!!

                            Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

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