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17/08/04 - Letter from the
CPS
CPS
Lincoln TV
Crosstrend House
10A Newport
Lincoln
Lincs
LN13DF
Telephone: 01522 585900
Facsimile: 01522 585959
DX: 15562 Lincoln 4
17th August 2004
Dear Sir Madam
DEFENDANT: Bernard O'MAHONEY
URN: 32BC0160903
COURT AND HEARING DATE: Lincoln Crown Court 23rd August
2004
I wish to make you aware of the position in regard to
some of the prosecution witnesses in the above case.
At the trial review hearing we were awaiting confirmation
from three of the witnesses that they would be attending
the trial at Lincoln Crown Court on the23rd August.
We have had various difficulties with these three witnesses.
Lee C, aighead was evasive about confirming his attendance
and frequently told Witness Liaison staff that he would
call back after consulting his diary. He did not do so
and we issued a witness summons on 16th August requiring
his attendance at court for the trial.
Sean MacDonald has never replied to any letters or telephone
messages. The address given to Lincolnshire Place was
in Tooting, London and an officer from the Metropolitan
Police has visited the address on numerous occasions.
The officer left correspondence for Mr. MacDonald to contact
the police with no reply being made. Eventually his ex-
girlfriend was present at the address when visited and
she informed the officer that Sean Macdonald had left
the address some months ago. She has no forwarding address
for him but believes he may live with his mother in Liverpool.
Obviously we have no knowledge of that address or if in
fact his is actually there.
James Duffy is a juvenile who, along with his parents,
has expressed extreme reluctance to attend the trial.
We have spoken to his mother on the telephone and DC Bush
has visited them at home to attempt to put them at ease
with the situation. However Mrs. Duffy still states that
she will not allow her son to give evidence due to living
in the same village as your client and that James will
come into contact with your client's children. It is clear
that she and her son feel intimidated by the situation.
We have explained the procedure for issuing a witness
summons to her, but at present feel that in rhis situation
James will not make a good witness and will not answer
questions from either instructed counsel that will assist.
Bearing all this in mind, we will be ready to start the
trial on Monday with the two complainants, plus Mr. Fletcher
and Mr. Craighead.
Obviously we will not be relying on the evidence given
by James Duffy and Sean MacDonald.
Yours faithfully
M. Stace
Executive Officer Casework |
| Contact : bernard.omahoney@bernardomahoney.com |
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