Appeal against decision to admit witness statement under s.26 Criminal Justice Act 1988 allowed because judge had inappropriately speculated on likely evidence instead of weighing procedural matters and because prosecution delay had prevented the commission of a live video link for evidence. Defendant's right to equality with the prosecution with regard to the summoning and examining witnesses as laid down in Art.6(3)(d) European Convention on Human Rights was considered.

CA (Crim Div) (May LJ, Rougier J, Judge Fabyan Evans)

10/07/1998