R v Mendy

Facts

During the trial the accused's husband was seen speaking to witnesses who were waiting outside court, and telling them what had been said in evidence. A witness denied that this had happened. The prosecution wanted to call the person who had seen it.

Issue

May the prosecution contradict a denial that a witness was briefed outside court?

Held

Yes. The Court of Appeal held that the incident was admissible. It went to whether the witness was giving an independent account or a prepared one.

Principle

Tampering, or briefing a witness about the evidence already given, is bias. A denial of it is not final.

Why it matters

It is the modern case beside the two nineteenth-century bias cases.

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