Judge in murder trial was justified in allowing evidence from witness via video link

Birmingham P: Criminal Law – murder – deceased was appellant’s former husband – witness was deceased’s brother – deceased and his brother resided in the same place and appellant visited them – drinks was consumed by all parties present and in the early hours of the morning, there was a fracas – deceased sustained fatal knife-inflicted stab wounds – witness also sustained serious injuries – appellant was acquitted in relation to s.4 charge in respect of that – witness’s evidence was significant both as a witness of the events and as a complainant during the trial – whether trial was rendered unfair and unsatisfactory by reason of the fact that the principal prosecution witness was permitted to give evidence via video link – whether trial was rendered unfair and unsatisfactory by reason of the fact that that witness was permitted to give evidence with the assistance of an intermediary – application for evidence to be given through video link – application to have an intermediary appointed to enable the witness to give evidence – witness’ GP gave evidence as to his mental disorder - witness was a vulnerable and no disadvantage to the appellant in his giving evidence via video link – evidence that the delivery of the witness’s responses to questions could be arrested under the stress of live confrontation – trial judge was justified in exercising discretion to permit the witness to give evidence via video link – trial judge was entitled on the evidence to conclude that the witness suffered from a mental disability – appeal dismissed.