I have a question about presentation of evidence in a Peace and Good behaviour order matter. The magistrate instructed the defendant to present to the complainant all documentation they intend to use as evidence by a particular date by certified or registered mail a means of determining receipt were the magistrates words. No evidence was sent by certified or registered mail to the complainant.
A new magistrate in the hearing has allowed evidence to be presented that the complainant has not seen and which was not delivered to him as ordered by the first magistrate.
Is that evidence acceptable considering the original magistrate ordered it be delivered by certified or registered mail and it wasn't?
How does the complainant get that evidence ignored and dismissed? Is the defendant in contempt of court by refusing to mail the evidence to the complainant as instructed by the court?
I do hope you can assist with these questions relating to evidence, admissibility of evidence and court procedure in the Magistrates Court.
A new magistrate in the hearing has allowed evidence to be presented that the complainant has not seen and which was not delivered to him as ordered by the first magistrate.
Is that evidence acceptable considering the original magistrate ordered it be delivered by certified or registered mail and it wasn't?
How does the complainant get that evidence ignored and dismissed? Is the defendant in contempt of court by refusing to mail the evidence to the complainant as instructed by the court?
I do hope you can assist with these questions relating to evidence, admissibility of evidence and court procedure in the Magistrates Court.