Following a police raid leading to the discovery of a cache of arms, the police took a statement from an anonymous witness as to the delivery of the arms to the house (though the precise date of delivery was withheld). The investigating judge heard evidence satisfying her that the witness’s desire for anonymity was based on well-founded fear. She heard and saw the witness’s evidence direct, and then decided which answers could be relayed, with voice distortion, to the prosecutor and the applicant’s counsel who were in another room. Defence counsel were able to submit questions to the witness. The applicant complained inter alia that the withholding of the precise date made it impossible to show an alibi. The Strasbourg Court was satisfied with the procedures. It was satisfied that, in contrast with Van Mechelen, the evidence was not based to a decisive extent on the anonymous witness.
Held: ‘In the Court’s view, in assessing whether the procedures involved in the questioning of the anonymous witness were sufficient to counterbalance the difficulties caused to the defence due weight must be given to the above conclusion that the anonymous testimony was not in any respect decisive for the conviction of the applicant. The defence was thus handicapped to a much lesser degree.’
Citations:
43149/98, [2000] ECHR 706
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Jurisdiction:
Human Rights
Cited by:
Cited – Regina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
Cited – Horncastle and Others, Regina v SC 9-Dec-2009
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Practice
Updated: 21 July 2022; Ref: scu.270126