N
newtiger
Guest
@ said:@ said:@ said:@ said:Ch 9 reports that Dylan Walker pleads not guilty and his fiancé wants to retract her statement to police. Video shows them walking out of court holding hands.
Not sure what to make of this!
It happens all the time in DV matters. There is a period where victims are initially compliant with police but then forgiveness and/or the realisation of financial dependence or any one of a hundred other things enter the frame and they become reluctant or hostile witnesses. It has been such a problem over the years that legislation was introduced whereby the evidence of victims of domestic violence can be recorded shortly after the event and can be played in court (a DVEC interview).
Matters can still be prosecuted even with a hostile victim, especially if there are independent witnesses and if the victim has made an initial sworn allegation. The prosecutor just has to cross examine the victim using their initial statement as a prior inconsistent statement in that kind of case.
Wasn't Walker's assault witnessed by neighbours? They can still use their testimony can't they?
Yeah 100%. Still going to have to deal with her as a witness though. I guess it depends on what they mean by a "retraction statement". That could mean anything from a statement saying she no longer wants the charges to proceed (but not saying that anything she had previously said was untrue) to a statement completely contradicting what she said on the night and attempting to give him self-defence as an out. Just have to wait and see how it plays out.
The law has been changed so that the female can’t retract a statement as this often happens in DV cases.