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When the Prosecution Case is Weak

When the Prosecution Case is Weak 144 AUST. & N.Z. JO,URNAL OF CRIMINOLOGY (Sept., 1971): 4, 3 When the Prosecution Case is Weak DOUGLAS BROWN* SOME years ago in East Africa I was concerned in the investigation of alleg­ ed fraud by two local government clerks. Although there was some doubt in the minds of the police about obtaining a conviction, a decision was made to prosecute. At the trial the principal prosecution witness told a different story from that which he had related to the police at an earlier date. In consequence the prosecution case collapsed and the prosecuting police officer decided to cut his losses and not to proceed further. "We can have another go at them (the defendants) when we have collected a bit more evidence," he explained subsequently. "If we had gone on they might have been acquitted." Further evidence was collected and on an amended charge one of the two clerks was charged with fraud. On this occasion the prosecu­ tion completed its evidence and the defendant submitted that there was no case to answer. The magistrate so held and the defendant was released. Nothing daunted, the prosecuting police officer said he was pleased costs had not been awarded against http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

When the Prosecution Case is Weak

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Publisher
SAGE
Copyright
Copyright © by SAGE Publications
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486587100400303
Publisher site
See Article on Publisher Site

Abstract

144 AUST. & N.Z. JO,URNAL OF CRIMINOLOGY (Sept., 1971): 4, 3 When the Prosecution Case is Weak DOUGLAS BROWN* SOME years ago in East Africa I was concerned in the investigation of alleg­ ed fraud by two local government clerks. Although there was some doubt in the minds of the police about obtaining a conviction, a decision was made to prosecute. At the trial the principal prosecution witness told a different story from that which he had related to the police at an earlier date. In consequence the prosecution case collapsed and the prosecuting police officer decided to cut his losses and not to proceed further. "We can have another go at them (the defendants) when we have collected a bit more evidence," he explained subsequently. "If we had gone on they might have been acquitted." Further evidence was collected and on an amended charge one of the two clerks was charged with fraud. On this occasion the prosecu­ tion completed its evidence and the defendant submitted that there was no case to answer. The magistrate so held and the defendant was released. Nothing daunted, the prosecuting police officer said he was pleased costs had not been awarded against

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Sep 1, 1971

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