Mr Knight was charged with failure to furnish information and speeding. He entered a not guilty plea on the basis that he was not driving but had provided all of the information in his power to give. At the trial, the prosecution finally provided full disclosure by way of additional witness statements, exhibits and a schedule of unused material. The basis of the prosecution case as put forward at the trial was that Mr Coelho had provided the information but not signed. The prosecution’s witness statements had been prepared some weeks in advance but remained unserved until the day of the trial. The statements were not agreed and the prosecution applied to vacate the trial. This was objected to on the basis that we had required the attendance of the witness when entering a not guilty plea in response to the SJPN therefore the prosecution was at fault. The District Judge refused the prosecution’s application and as a result the prosecution offered no evidence.
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