Does a defence lawyer refute and disprove only verbal evidence presented by the prosecutor or also written evidence in a police summery hearing that the judge reads but is not verbalised in cpurt?
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LLB MMgt FAMINZ 32 years qualified as lawyer
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I am sorry the reply disappeared-it has been a software issue.The answer is that the defence lawyer must contest everything that the client instructs them to contest. Evidence comes in at a defended hearing mostly by witnesses giving evidence in person. Sometimes written evidence is admitted, but this is usually only evidence which is not contested. If the police proposed to call evidence which is contested, then they must have a witness giving evidence in court.Sometimes where someone pleads guilty the police present a summary of facts. However you can still have a contested fact hearing even after someone has pleaded guilty.The lawyer does not need to contest everything just for the sake of challenging the evidence, but should definitely challenge both written and verbal evidence if that is necessary.
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