Quote:
Originally Posted by taxbuster
From CBC:
Justice Maria Carroccia has just ruled the text messages sent from Brett Howden to teammate Taylor Raddysh on June 26, 2018 , are not admissible.
The texts centre on the butt slap Howden says he heard Dillon Dubé give E.M. in the London hotel room.
Carroccia says the texts are hearsay evidence and their truth and reliability cannot be guaranteed.
She told court today that she sent her decision to the lawyers last night. She’s now reading the legal reasons for why she won’t allow the texts to be considered as evidence.
The Crown tried multiple times to get the texts admitted, but this is the final kick at the can and the final ruling.
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If Howden is giving evidence how can the texts be hearsay? I get that perhaps when he sent the texts he may have been exaggerating etc., but I think that should be up to him to clarify why the texts were not an accurate view of the facts as he saw them when he sent the texts.
All testimony is such that its truth and reliability cannot be guaranteed. Presumably it is up to the judge to weight the reliability and truthfullness of all evidence.