The claimant challenged his conviction of a drug trafficking offence. The evidence against him consisted mainly of a report by an anonymous undercover agent and transcripts of telephone intercepts of calls between the agent and the applicant. Neither the applicant nor his advocates were given the opportunity directly to question the agent. They wished to demonstrate the extent to which the applicant had been induced or entrapped to commit the offence.
Held: The witness could have been called in a way which could have preserved that witnesses’ anonymity, and thus there had been a violation.
[1992] ECHR 50, 12433/86, (1992) 15 EHRR 173
Worldlii, Bailii, Bailii, Bailii
Human Rights
Cited by:
Cited – Sellick and Sellick, Regina v CACD 14-Mar-2005
The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the . .
Cited – Grant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
Cited – Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin CACD 19-May-2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it.
Held: The . .
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, . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Practice
Updated: 01 January 2022; Ref: scu.165205
