Question of evidence

Posted by Starhawk (246 days ago)

When starting a criminal defence, does the defence counsel have to declare all documents related to the case? Can they wait until the defendant is called to testify to introduce new documents?

(I am based in Hong Kong)

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Posted by ppoutdoor (245 days ago)

It would be wrong to do so. After all, you are holding back relevant evidence. A defence counsel would know about this, so it is kind of a strange question.

(I am based in Hong Kong)

Posted by Starhawk (245 days ago)

What I want to know is does the defence counsel have to declare all the relevatn documents.

(I am based in Hong Kong)

Posted by jwm (245 days ago)

Your lawyer woudl know the answer, should'nt you ask them??

(I am based in Hong Kong)

Posted by Starhawk (245 days ago)

I don't have a lawyer. This is a criminal case so there is a government prosecutor who doesn't speak to the victim.

(I am based in Hong Kong)

Posted by Jalous Uranus (244 days ago)

surely the victim has a lawyer to defend him. if not check out the duty lawyer scheme. generally, the prosecution must disclose all documents obtained in the course of the investigation.

(I am based in Hong Kong)

Posted by Shoe Girl (244 days ago)

There is a process in the law called discovery whereby both parties have to disclose their information to each other. If you have information which could prove your innocence, you're better off disclosing it and not wasting the court's time but springing it in the trial. Unfortunately, real life is not like the television series. Why don't you have a lawyer? If you cannot afford one, apply to Legal Aid.

(I am based in Hong Kong)

Posted by Starhawk (244 days ago)

Okay hold on here. I'm the victim of the crime, not the defendant. No, I do not have a lawyer, a prosecutor has been appointed to the case. No one suggested that I need a lawyer. My concern is that the defendant will try to spring something at the last minute that might be in the form of documents. All I want to know is whether these documents, which would then be admitted into evidence, would have had to have been disclosed at the beginning of the trial.
The defendant claims she had a contract with me. Would she not have had to produce that contract at the beginning of the trial?
Not being able to speak to the prosecutor leaves me imagining all sorts of things. I can only surmise from the way the case has gone that he is unaware of any such documents or else he would have asked the police to get my copies of the documents.

(I am based in Hong Kong)

Posted by Shoe Girl (244 days ago)

I think the best thing for you to do is to speak to the Police Officer in Charge of the case, (the OC) and raise any concerns you may have with him. Obviously if there is a contract in existence, the defendant would have to disclose it, especially if this is crucial to the case.

(I am based in Hong Kong)