You are prosecuting Stephanie, who is on trial in the Crown…
You are prosecuting Stephanie, who is on trial in the Crown Court for an offence of kidnapping (an indictable only offence). On the day of trial, you are informed that Margot, a prosecution witness, will not be coming to Court. She has fled the country in fear of her safety, as Stephanie threatened to burn her alive if she came to court. While a useful witness, Margot is not essential to your case and her statement also contains a lot of material useful to the defence case. Therefore, you decide not to rely on her evidence. The defence make an application for Margot’s statement to be admitted as hearsay on the basis that she has not attended through fear. What is the most appropriate response to the defence application?