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Prosecutors seek review of ruling on evidence relating to mobile phone masts which may affect criminal trials

Summary

In a 2016 Court of Appeal case, prosecutors requested a review of a judge's ruling on the admissibility of mobile phone mast records in criminal trials. The appeal followed a directed acquittal of two individuals in a historic crime, whose identities and alleged offence remain undisclosed. Prosecutors argued that the judge had incorrectly extended the requirement for such evidence, claiming that the records could not reliably link phones to accused persons because the exact location of calls was never established. They contended that the evidence only showed calls were made within a mast's coverage area, not from a specific place, and that the jury should decide the relevance. Defence counsel highlighted two reliability issues: masts sometimes being turned off and calls being rerouted due to overload, which could distort records. They noted maintenance logs were available for three years but not timely.

Who, what, where, when and why

What: Report matter: Prosecutors seek review of ruling on evidence relating to mobile phone masts which may affect criminal trials. Procedural stage: appeal

When:

• 2016-01-21 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report