Quote:
Originally Posted by Max Raker
Have you ever recommended that a client make exculpatory evidence (credit card bill, witnesses placing him away from the crime etc) available to the police? Everybody agrees that there exist situations where you should not say anything to the police....but the claim being made is far stricter than that.
Max, in Australia, and in many countries, there is no general duty of disclosure on behalf of the Accused (with the exception we now have here regarding being required to give notice of an alibi).
Exculpatory evidence is presented at Trial, and not in advance to the Police. l obtain statements from Witnesses, but keep those on my file. If you show the Police/Prosecuting authorities the holes in their case prior to Trial, chances are they will just bend over backwards to try to plug those holes.
On occasion, we will do written submissions to the Prosecutors in advance of Trial in an attempt to have the charges discontinued, but a smart lawyer is careful what he discloses in those submissions, as they are rarely successful and could cause damage to your client's case at Trial.