26 June 2024
Holden Slutsky Obtained Acquittal After Identification Parade Ruled Inadmissible and No Case to Answer
Holden Slutsky represented the 2nd Defendant in TMCC 1850/2023 who faced charges of possession of an offensive weapon in a public place, resisting a police officer, forgery of documents, and failing to display a valid driving licence. At trial, after 6 days of evidence from the prosecution in which Mr. Slutsky cross-examined the relevant witnesses, Mr. Slutsky made submissions in objection to the admissibility of an identification parade wherein his client had been positively identified by a prosecution witness. It was submitted by Mr. Slutsky that the court should exercise its residual discretion to exclude the Identification Parade on the ground that it was unfairly conducted. Following these submissions, the court ruled the identification parade inadmissible.
Given the ruling on the inadmissibility of the identification parade and the absence of other dependable identification evidence (which included unreliable dash cam footage), Mr. Slutsky went on to make half-time submissions, following which the court ruled that there was no case to answer against his client, and his client was thus acquitted on all charges.
Members Profile: Holden N. Slutsky