[2012] NICA 10

In a case in which the defendant had been charged with failing to provide a specimen of breath without reasonable excuse, the district judge had been wrong to refuse an application to reopen the prosecution case so that the relevant officer could testify as to the giving to the defendant of a warning of liability to prosecution; the defendant's representatives had not alerted the prosecution to the fact that the warning was in issue, and the defendant would not have suffered any prejudice as a result of the admission of the officer's evidence.

CA (NI) (Morgan LCJ, Girvan LJ)

04/05/2012