Opinion on use of witness statements to police in trial evidence
2012 February 23
“[19] Where, as here, the statement is to be put to the witness as a prior inconsistent one, section 263(4) prescribes a clear formula for addressing the issue. That involves examining the witness as to whether he has “on any specified occasion made a statement on any matter pertinent to the issue at the trial different from the evidence given by him in the trial.” When the witness first gives evidence different from that in his statement, it is not appropriate to challenge that by simply inviting him to read his statement and react as happened here. The dangers of such a haphazard approach are obvious, not least that the statement becomes the script of answers to a series of leading questions. “
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