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Query re Witness Anonymity...

Babe RainbowBabe Rainbow Posts: 34,349
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in General Discussion #1
... for any law experts out there.

Imagine a scenario :

Defendant A - say, a notorious gang member, who could nevertheless be innocent - is charged with a very serious crime evidenced by Witness B who places A at the scene of the crime.

Witness B is given anonymity/protection as s/he is deemed to be at risk. His/her identity is therefore not divulged to the defence.

But Witness B actually has a grudge against Defendant A and is / could be lying.

How can Defence challenge the evidence if they don't know who the witness is ?

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    Mrs TeapotMrs Teapot Posts: 124,896
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    #2
    My take on it BG..........as a non expert :D:D

    My understanding was that all evidence such as written statements are given to the defence team, the legal team will then advice what plea should be entered by the defendant.

    I don't think witness protection means that their evidence is protected only the person.
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    Evo102Evo102 Posts: 13,630
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    #3
    Babe Rainbow wrote: »
    ... for any law experts out there.

    Imagine a scenario :

    Defendant A - say, a notorious gang member, who could nevertheless be innocent - is charged with a very serious crime evidenced by Witness B who places A at the scene of the crime.

    Witness B is given anonymity/protection as s/he is deemed to be at risk. His/her identity is therefore not divulged to the defence.

    But Witness B actually has a grudge against Defendant A and is / could be lying.

    How can Defence challenge the evidence if they don't know who the witness is ?

    Luckily for you a case that fits your scenario has just been in front of the ECHR.

    http://www.bbc.co.uk/news/uk-england-birmingham-17855765
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    Mrs TeapotMrs Teapot Posts: 124,896
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    #4
    Evo102 wrote: »
    Luckily for you a case that fits your scenario has just been in front of the ECHR.

    http://www.bbc.co.uk/news/uk-england-birmingham-17855765

    Interesting Evo

    I delved back and found this from the original reporting

    A number of legal firsts were set in the way the trial was conducted.

    Some witnesses were given pseudonyms, had their voices electronically disguised and were hidden from the defendants in the courtroom.

    Their true identities were not revealed to the defence.
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    Evo102Evo102 Posts: 13,630
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    #5
    A lot of those involved knew each other and of course one of those convicted was a half-brother of one of the victims.
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    Babe RainbowBabe Rainbow Posts: 34,349
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    #6
    I think it might actually have been that case, years ago, that first made me think of it.

    It's a tough one. Witness safety is obviously crucially important but so is testing of evidence.
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