Attorneys have availed themselves from their emergency coronavirus laws to allow an expert witness to provide evidence amid a continuing debate on whether proof from High Court instances ought to be given liberally whatsoever.
In a trial at the High Court at Glasgow, the suspect was accused of attack to threat of five and life sexual fees, such as two of rape. Each the charges were historic.
Had they not done this, the trial could have been postponed until November.
Mr Cloggie explained:”The case was adjourned on account of the pandemic but has been brought forward to slot into a gap in the schedule to suit all parties. Because of family circumstances, Dr O’Keefe became inaccessible as he had been in Ireland.
“A joint moment of arrangement of his signs — with no jury hearing against the witness and also answering questions — wouldn’t have had anywhere near precisely the exact same effect or force. He’d have been not able to answer questions or respond to some other unanticipated evidence in the case.
“Rather than adjourning again to the close of the calendar year, I lodged an application for his evidence to be observed from Ireland.”
The trial gone , the jury returned a verdict of guilty to the charge of attack (to harm only) rather than guilty and not shown verdicts to most of the sexual charges.
Mr Cloggie stated he believed it best for witnesses and the jury to be in court, but it”makes very little if any gap” in which a specialist is providing evidence from once the jury is watching everything on a display.
Dr O’Keefe informed SLN the tech was a blessing to his job, contrasting it with a single unforgettable trip to Glasgow.
He explained:”There could be no doubt that supplying evidence by means of a secure remote connection, especially if outside of the nation, is significantly more suitable than organizing transport either in the last minute or ahead — whether it’s in reality even potential throughout a pandemic.
“I’ve never forgotten the travel in 1988 when I had been obliged to journey in six distinct flights inside a 24-hour time to provide evidence in the High Court in Glasgow.”
He added:”In this situation I think I managed to deliver my signs and view in precisely the exact same way to the prosecution as I’d have done had I been present in person.
“I’ve given evidence on several occasions recently to jurors who’ve been located remotely from the court and have seen them live on displays. I didn’t find that in any way deflecting or disconcerting and immediately approved it as the present’ordinary’.”
In terms of the applications, Dr O’Keefe stated SCTS employees were”extremely nice and pleasant with the many test runs we’d in both Glasgow and Edinburgh before my giving signs”.
Careful arrangements were made to make sure Dr O’Keefe didn’t hear anything that he wasn’t needed to.
“While waiting to provide evidence it had been organized that though I could observe live pictures from the court — of just the defence counsel and the advocate depute — that the noise was muted such I couldn’t hear the improvement of the trial.
“At the right time the noise was unmuted in the court and I had been taught to unmute and trigger the movie on my notebook to then combine the court procedure.”
The expert witness stated that he was”thrilled” to have been engaged in the trial through the remote connection.
He added:”I’m thrilled to have been engaged in this current trial via remote connection, especially since I’ve citations to look at two High Court instances this month once I will stay abroad and no more have to worry concerning complicated travel arrangements to provide evidence .”
