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02 March 2007 / B Mahendra
Issue: 7262 / Categories: Features , Procedure & practice , Profession
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Doc Brief

False witness dilemmas, Importance of reasoned conclusions, Judicial review of council decisions

COMPLAINANT CREDIBILITY

The problem of false witness is especially acute where intimate situations are concerned when accounts by independent witnesses may be lacking. In those instances the behaviour of the complainant or victim may assume paramount importance. Two recent cases bearing on this issue came to the attention of the courts in different circumstances.

In R v Soroya [2006] EWCA Crim 3120, [2006] All ER (D) 152 (Dec) the appellant had been convicted of rape. He had also been acquitted of indecently assaulting the same complainant two days before the rape. He appealed on the ground that the complainant had given a false account of a earlier sexual attack on her and also that her actions since the trial raised doubts about her credibility, in that she had swiftly formed a relationship with a wealthy employer many years her senior, in circumstances similar to those in which she had met the appellant.

Motivation

The complainant was a Polish woman aged 19 who

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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