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Doc Brief

02 March 2007 / B Mahendra
Issue: 7262 / Categories: Features , Procedure & practice , Profession
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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 had recently arrived in Britain and was looking for work.

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