Is a deceased witness's statement admissible in a criminal case in a common-law jurisdiction?

political analyst

I'm aware that, in Northern Ireland - a common-law jurisdiction - a deceased witness's statement in a criminal case is prima facie admissible and that it is for the judge of the trial to decide whether or not to admit the statement as evidence.

But it's not possible to cross-examine the dead. So how could it be legally possible for a judge to admit a dead person's statement into evidence? The idea of it seems inconsistent with the right to a fair trial.

tom traubert

If the deceased person's statement was made in such circumstances that it satisfies the criteria to be a "dying declaration" it is admissable.

As in any trial the Judge will determine the admissibility of any evidence put forward.

Oscar_Madison

I was on a criminal jury in a case where one of the witnesses had since deceased. The Gardai hadn’t taken a formal statement from this person before they died. This drew criticism from the defence- inferring that such a statement would have been permitted in the case as evidence- so on that basis I’d say yes it can.

Count Dracula

It will always be open to ridicule and scrutiny.

People will say anything under duress.

Jim_Hodge

https://www.boards.ie/discussion/comment/120919610#Comment_120919610

Just because the witness is deceased doesn't mean the statement was given under any duress.

Count Dracula

https://www.boards.ie/discussion/comment/120919622#Comment_120919622

Hard to prove it wasn't?

If I am going to convict someone of a criminal offense I would prefer to speak to or familiarise myself with the account of any human being utilised to condemn the faith or freedom of another.

" before citizen Mickey MacSpoofer passed away he confessed to An Garda Siochaina that he used to rob doughnuts with the accused in Donaghmede shopping centre. he insisted that was why he was assaulted in the first instance, he had eaten a stolen Boston Creme"

Jim_Hodge

https://www.boards.ie/discussion/comment/120919698#Comment_120919698

That's a bit absurd. A witness statement can be as simple as an uninvolved third party giving testimony of observing an incident. The judge will decide on the validity and appropriateness of the witness statement. The jury, of course, can make their own determination on said evidence.

Peregrinus

Yeah. One of the recognised exceptions to the hearsay rule is the admission of a statement from a witness who has died before the matter comes to trial. The statement is not automatically admissible.

It's subject to the same formal requirements as any statement about the circumstances in which it was made, whether inducements were offered, etc.

Plus, there'll be a further question as to whether admitting the statement would be unfair to the defendant, given that the witness cannot be cross-examined. So, a witness statement by an uninvolved bystander to the crime might be one thing; a witness statement by an associate of the deceased who might be seeking to exculpate themselves by shifting blame would be quite another.

Even if the statement is admitted, the jury will be instructed by the judge that they should weigh it carefully, and it will be pointed out to them that the witness cannot be present in court for them to make their own evaluation of his evidence, and that the defendant is unable to cross-examine the witness. And of course the defendant will be able to comment on the statement in any way they please.

political analyst

https://www.boards.ie/discussion/comment/120919583#Comment_120919583

What was the verdict?

Oscar_Madison

https://www.boards.ie/discussion/comment/120928022#Comment_120928022

Guilty- the lack of the witness statement was one of the key reasons why the defendant pled not guilty in the first place- I’d argue had this witness been still alive it’s unlikely there would have been a trial as they would likely have plead guilty.

they based their whole defence around what might have/could have happened- I guess if you’re facing a lengthy sentence it’s a long shot worth taking but it just didn’t resonate with the jury.

political analyst

https://www.boards.ie/discussion/comment/120923889#Comment_120923889

I used the phrase "prima facie admissible" because it was said in a court judgement in Northern Ireland. Obviously, the admitting of evidence by the trial judge is separate from that.