Sometimes the progress of a case through
the magistrates` court is so bizarre as to be beyond the wit of man. Such was the situation in my trial court a
couple of weeks ago. We sat in our usual
lofty position so that seated our heads were level with those standing before
us. The common assault in a domestic
setting had, according to preparation for trial form previously known in 2014
as case management form .......oh how civil servants love to make unnecessary name changes
to procedures or forms to validate their life on this Earth.......... required
the court to make provision for a Punjabi interpreter for the defendant. On such a person failing to have appeared
since being tannoyed every five minutes since 1.30p.m. an urgent request was
telephoned at 2.05p.m. We were told a
replacement was nearby and that his E.T.A.
was 2.50p.m. At that point CPS
got to her feet to inform us that her
witness`s interpreter was present but that
her single witness the complainant
(wife) had not only failed to appear but had made a withdrawal statement a few
days after her original statement. She
had not responded to telephone contacts or personal visit by police since that
second statement. A penny was seen to
drop into the mind of our L/A who had been perusing the “form”. Receiving confirmation
that CPS had also ordered a Punjabi interpreter
she suggested that s/he be made
available for the defendant. This was accepted and a call went out. Our L/A cancelled the interpreter who was on
his way. After we had returned from five
minutes downtime CPS in a fluster told us that unbeknown to her, her interpreter had been released from the
proceedings and had left the building.
On the bench three heads visibly drooped with three intakes of breath. Our
L/A made a call to replacement interpreter who, fortunately was quite near
when asked to cancel and was now quite happy to fulfil his original contract. As good as his word he appeared shortly after
3.00p.m. and stood in the dock with the defendant. Expectation now was that CPS would have made
an application to proceed on hearsay evidence or to adjourn. She chose the latter option which was
rejected whereupon she told us she could proceed no further without authority
from reviewing lawyer at CPS. With a
note of surprise the chairman stated that never in such a circumstance had such
an observation been made to him previously.
Ten minutes later she returned to tell the court she was offering no evidence. The case was duly dismissed. Another defendant in a DV matter had been
pursued in the knowledge that the case was unlikely to be proved owing to the
determined and known intention of the complainant to refuse to give evidence
against her husband. Was this in the
public interest; a hurdle that CPS must overcome in order to proceed? It
appears that many such cases are driven as much by political considerations as
by strength of evidence. The interpreter
was happy. He was being paid when he
thought he had lost out.
I don't agree that your example shows any evidence of political motivation. No doubt the evidence was sufficient quality before the withdrawal. We need much more support for partners to maintain their evidence, otherwise they are inevitably at risk of subversion by partner, family or community.
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