QUOTE (cjm99)
You must specify what you are seeking to be disclosed, and why. Fishing trips are not allowed.
Hi Chris,
This I agree is the case, however I believe when negotiating to ask for as much as possible and let them decide otherwise, then at least the information has been asked for.
Below is the e-mail I intend to send to the court for the hearing which outlines and emphasises the reasons - your views on this would be much appreciated.
Also since the last post I have discovered the disclosure hearing will be at the magistrates court and talked to Robert Dobson.
Andy
QUOTE
Thank you for your e-mail I have looked through the Defence Statement again and essentially it covers everything so there is no need for me to attend this hearing, but I would like to emphasise to the court certain points.
1. The disclosure requested 'might undermine the prosecutor's case' and so should have been disclosed as primary disclosure material Section 3 Criminal Procedure and Investigations Act 1996.
2. The full video evidence requested is material to the witness statement provided by PC XXXX, required for careful inspection by my experts and for the purposes of a thorough cross examination of this witness, therefore a copy should be disclosed in full as originally requested. The offer to inspect this evidence in controlled or restrictive circumstances is not acceptable to the defence and such an offer will be refused.
3. The original speeding allegation is the basis from which the S172(3) offence and the witness statement made by PC XXXX relies, a dispute exists over this original allegation and the evidence that supports the police case, therefore questions arise as to the accuracy of this evidence and whether the matter should have been pursued to prosecution at all.
4. It has come to my knowledge that some prosecutors have claimed that disclosure is not possible because of the Data Protection Act (DPA) or because of 'public interest' reasons, these claims are unfounded. Where any personal information exists on the video evidence covered by the DPA this can be 'carefully' edited out in a manner such that the disclosed copy is altered in order to protect these individuals, yet leave the important aspects of the video evidence unaltered as to still be useful to the defence.
5. The request for the written terms of reference of the Chief Constable of Humberside authority provided to Mrs XXXXXX detailing the scope of such authority is material to the witness statements and correspondences they sent to the accused, and is again required for the purposes of a thorough cross examination of these witnesses.
6. Where any primary or secondary disclosure is refused or offered for inspection over the provision of a copy, the defence requests from the court or prosecutor as appropriate, a detailed written explanation to be sent to the defence as to how and why they have come to their decision.
Please ensure that a copy of this e-mail is presented at the hearing Friday 17 September 2004, also a reference copy of this e-mail is being sent to my associates.
Regards,