legal professional christopher townsend has chided the prosecution for its failure to disclose key documents in the noel maitland murder case, which has frustrated his corporation’s attempts to file a bail application for the incarcerated cop.
“i am extraordinarily upset in how it’s miles the prosecution is toying with the rights of the accused guy,” townsend instructed loop information on tuesday.
“a long term in the past, there was a failure to disclose and the privy council slapped the dpp’s [director of public prosecutions] office throughout their face. the ruling recommended that they had a obligation to disclose or claim; this new approach this is being taken by means of them is down a slippery road in terms of what is justice,” he argued.
townsend become referring to the case of randall v r wherein the lords of the judicial committee of the privy council dealt with the difficulty of prosecutorial conduct on april 16, 2002. the privy council affirmed that: “[t]he right of a crook defendant to a honest trial is absolute… the proper to a truthful trial is one to be loved through the guilty as well as the harmless, for a defendant is presumed to be innocent till proved to be otherwise in a reasonably performed trial.”
it’s far towards this history that townsend expressed surprise on the movements of the office of the director of public prosecutions inside the homicide case involving maitland, who regarded in court on monday on a fee of murder with regards to the disappearance of his girlfriend, social media influencer donna-lee donaldson.
at some point of the complaints, several witness statements have been withheld from being served on the defence due to a mentioned try and pervert the course of justice in at the least one instance, prosecutors alleged.
“we’re pretty amazed through this, having served in the office of the dpp myself…this is something new to me, this sort of illegal strategic motion. he has a right to peer what’s towards him, it isn’t always the prosecution’s feature to cover proof from the accused, that isn’t always their feature, not as i recognize it,” said townsend, who’s representing the accused cop.
the police constable has been in custody given that his arrest on july 27 in relation to donaldson’s disappearance. townsend stated that the defence lawyers need extra disclosure so that it will nicely advise maitland.
townsend declared the behaviour of the prosecutors as a darkish harbinger, heralding “a darkish day in the history of our justice gadget”.
“the prosecution claims that the information is already disclosed inside the statements that they gave to us — the précis of the statistics — [however] frequently instances it has been my revel in that what’s contained inside the declaration is not what’s given on this précis of the records, and so the statements are what’s relied upon to verify what it is the witness has said,” townsend stated.
a précis is a way of summarising in which the tone, proportions, and which means of the original text are maintained. a précis summarises a reading that has been finished.
on monday, the problem changed into stood down to permit the crown to check materials and make submissions to the defence. in the course of the complaints, the crown indicated that it desired to ensure the safety of witnesses.
maitland is accused of the homicide of donaldson, who become reportedly final seen at his new kingston rental on july 11.
she changed into said lacking on july thirteen. the police had indicated that investigations concluded that donaldson was killed on july 12 between 4pm and 8pm. they said that this was supported by forensic evidence and era however mentioned that a cause has now not but been hooked up for the killing.
maitland became on monday remanded until september 16.