Advice needed - Evidence not found not disclosed

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samasimo
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Advice needed - Evidence not found not disclosed

by: samasimo on
Wed Mar 05, 2014 9:01 pm

Hi everyone,
I need an advice
I am preparing my defence. Asked for disclosure. After about 4 months, I recieved the disclosure but it says the video evidence cannot be found although the officier mentions it in his notes.

In the court, can I ask the charge dropped because the evidence is lost or may be hidden? Any relevent cases ?

Thank you in advance.
ynotp
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by: ynotp on
Thu Mar 06, 2014 6:56 am

This is incomplete disclosure, normally solid testimony from the officer should be enough to convict you, but if there was a video you have a right to see it and they are obligated store it properly so that will happen. You should ask for the case to be stayed before the trial begins (it is not a slam dunk, there is a process so do your homework and get it right) because you believe it will harm your ability to defend yourself at trial.
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