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A friend of mine was recently in magistrates court and convicted of Harassment on his former partner. The charge sheet read that this occurred on 2 specific dates. During the setting up of the prosecution they played 4 short voicemail clips that were in fact one larger voicemail that was split in 4 as the system only allows for short messages to be left.
Under questioning my friend was asked to explain why he left these voicemails from some 3 months before, when he explained based on the events that took place on one of the two dates alleged on the charge sheet he was shot down by the prosecution who said that his recall was untrue as these voicemails were left on a completely different date, not one of the 2 alleged dates which were in question.
Is it right and fair that they can present evidence which does not relate to the two dates in question but clearly got the ear of the magistrates and indeed he was heavily questioned by the prosecution about the contents of the voicemail?
If not fair or reasonable what recourse to justice has he got?
Under questioning my friend was asked to explain why he left these voicemails from some 3 months before, when he explained based on the events that took place on one of the two dates alleged on the charge sheet he was shot down by the prosecution who said that his recall was untrue as these voicemails were left on a completely different date, not one of the 2 alleged dates which were in question.
Is it right and fair that they can present evidence which does not relate to the two dates in question but clearly got the ear of the magistrates and indeed he was heavily questioned by the prosecution about the contents of the voicemail?
If not fair or reasonable what recourse to justice has he got?
