SafeSpeed wrote:
I believe that there were a number of hearings before the case was dropped - so we can both be right.
In pedantic mode (AGAIN!!) its not possible for a case to be dropped AND for evidence to have been put before the court. The CPS could decide not offer any more evidence after the start of the trial, but that is not the same as dropping the case. Perhaps there has been some misunderstanding about the meaning of the word "dropped".
If there were a number of hearings there are two possibilities.
That they were case management hearings, which would have general disscussion about points of law, number of witnesses, basis of defence etc. But NONE of it would have been offered as evidence, its purely discussion. Normally a CMH is conducted by a court clerk with no bench present. If it becomes obvious at this stage that the defence are going to insist on a witness the CPS can't - or won't - produce then the case would be dropped, if the witness was vital to the case.
The other alternative is that it got as far as a trial after a number of CMHs. The case could still be dropped before the start of the trial if the CPS were aware of the non appearance of their witness. In which case no evidence would be put forward by either side. Or the trial could have started.
It could then have proceeded to full time, in which case ALL the evidence would have been tested. Or it could have collapsed before the defence put anything forward. The CPS do that when they realise they have no hope of winning, and do it by saying that they have "taken a view and will offer no further evidence". In which case there would be a not guilty verdict but no testing of defence assertions.
I await your response from Dr Tann with interest.