WHEN IN COURT AND REPRESENTING YOURSELF NOTE : ON EVIDENCE

Monday , 9, November 2015 Leave a comment


WHEN IN COURT AND REPRESENTING YOURSELF NOTE :

Although it is not entirely clear that she was properly informed that the Magistrate could not act on factual statements she made unless she did give evidence. Lekich v Dixon [2009] QDC 111 (8 May 2009) at [4]

It means if you are trying to submit a document into evidence and the Magistrate has not accepted it, the Magistrate must inform you that they can not act on factual statements unless you did give evidence.

Example :

You have a document from another forum member, say a piece of evidence from a Government Department addressed to that member and not yourself.

The Police Prosecutor or DPP will OBJECT.
The Objection will be “statements in certificate not covered by statutory provisions not admissible evidence.”

So you have handed the document to the Magistrate, he gives it a once over and says he will deal with it later.

You all the while are thinking that the document will be considered.

At the end of the trial the Magistrate convicts you.

You can’t understand how? What the hell happened? You had that “explosive” evidence.

Right. However it was not considered and the Magistrate was obligated to inform you that.

So if ever you are representing yourself and are faced with this situation, you may OBJECT that the trial continues any further until a PREJUDICIAL Question Vital to your case is answered.

That Prejudicial Question MUST be answered first!

YOU NEED TO KNOW WILL THAT EVIDENCE BE CONSIDERED OR NOT, YOU CAN NOT PROCEED FURTHER UNTIL YOU KNOW THAT, AS HOW YOU PROCEED FROM THIS POINT COULD BE VITAL TO YOUR DEFENCE DEPENDING ON YOUR KNOWLEDGE OF WHETHER THAT DOCUMENT WAS BEING CONSIDERED OR NOT.

So now it is up to the Magistrate to decide on your objection, whether or not the document is being considered. If he continues without saying why the document was ruled out it is prejudicial to you.

So either way you have grounds for appeal on this point if the document is not considered or denied in evidence.



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