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Hearsay evidence?

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  • Hearsay evidence?

    Hello,

    I am currently charged with being concerned in the supply of drugs. I have plead not guilty to the charges.

    I was arrested and charged because police seized a mobile phone from another male and found a message on Facebook between him and another unknown person stating that he would purchase cocaine from myself! I was totally unaware of this message between these two people and was never approached for any drugs. The person ( a so-called friend) used my name so that he didn’t have to tell the potential buyer who he was REALLY getting his drugs from.

    Am I right in believing this message is hearsay? He’s simply made a statement to a person and intended them to believe it as factual. Again, I was never aware of the message until I was arrested. I was never approached for any drugs and never personally made any offers to supply.

    Any advice would be appreciated.

    Thanks guys
    Tags: None

  • #2
    Hi UK1

    islandgirl Can you please take a look and advise, many thanks.

    Comment


    • #3
      The prosecution has to prove their case - you do not have to prove your innocence, They should bring the person who wrote the message as a witness and explore on the stand the statement that you are the supplier in my opinion, You certainly need good legal representation, Have you had your interview? Do not attend without a solicitor under any circumstances - you are entitled to one free of charge I believe, The FB message alone should not be enough to convict but you need good advice at this stage,

      Comment


      • #4
        Thank you for your swift response. Very appreciated. I am scheduled for a trial next month for this alleged offence. I do have a legal team that have reassured me that they will defend my case, however I just don’t see how the CPS would want to take me to trial based on a message not sent by myself.

        cheers

        Comment


        • #5
          Is this thread a continuation of what you wrote in February about being picked up in a car with three mates, one of whom was carrying drugs?
          https://legalbeagles.info/forums/for...e-an-informant

          Comment


          • #6
            I have seen many trials where the mags ask privately why on earth they are hearing this case, You have been interviewed, have put in a not guilty plea and can only see what happens on the day. There must be more to this than the FB message of course - there always is!

            Comment


            • #7
              des8 Yes this is in relation to the thread I posted some time ago

              Comment


              • #8
                islandgirl Hi, there is a lot more to the case. I am being awfully brief about the situation. Would you like to know the full story? It’s not a very complicated case and it has a few twists and turns. If you’d be interested I’d be happy to break it down in more detail so that you get a more clear picture of the case.

                Regards

                Comment


                • #9
                  Hi UK1 thank you for this but I don't think I can tell you any more than your defence team will, The job of the prosecution is to prove that you were involved, one FB message will not cut it, If you had no drugs on you and there is no other evidence then the only issue is the witness who named you who may have lied - your defence will try to show they are unreliable, Is it a mags trial?

                  Comment


                  • #10
                    islandgirl Thats correct there were no drugs in my possession. Also it is a Crown Court Trial. Initially the evidence was the FB message and CPS also said that they found a drugs “money-owed” list on my iPhone. 2-weeks ago they contacted to say that it wasn’t my mobile device that the drugs list was on, it was another defendants. There was an error made. Subsequently that evidence has now been retracted and all that stands is this FB message.

                    Comment


                    • #11
                      Are you charged with intent to supply? I wonder why crown? Does one of the other people involved have previous or was there a huge amount found?

                      Comment


                      • #12
                        islandgirl So the charge is Concerned in the supply of cocaine and cannabis. If I remember correctly one of the passengers had 20 grams of cannabis and around 2.5 grams of cocaine. One of the defendants has a previous for street level supply of cocaine and another has a supply cannabis on his record

                        Comment


                        • #13
                          ah Ok thank you! Thought there would be a wee bit more to it! If things are exactly as you say then perhaps your solicitor could ask the CPS to withdraw the charge against you before it comes to court? Worth a shot maybe given the phone issue?

                          Comment


                          • #14
                            islandgirl Yes the next step is to look for a dismissal. Thank you for your help and quick responses. Appreciated

                            Comment


                            • #15
                              *UPDATE* Today the prosecutor dropped all charges against me.

                              Comment

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