As counsel is aware, Alex has been charged with attempted murder…

As counsel is aware, Alex has been charged with attempted murder following an attack on his former wife Bella at her home in Oxford. The attack took place on a Thursday evening. Instructing solicitors understand that Bella was attacked in her bedroom by an intruder wearing a balaclava who had broken into the house through the kitchen window. Bella, who did not see her attacker’s face, was stabbed repeatedly with a large knife taken from the kitchen.
Instructing solicitors understand that Chrissie, the next door neighbour, was walking down the street when she saw the attacker run out of the house, take off his balaclava and run away in the opposite direction. Chrissie caught a brief glimpse of the attacker’s face. Chrissie gave a full statement to the police and identified Alex at a properly conducted identification procedure. Alex’s fingerprints were found on the knife which was recovered in the front garden, and footprints matching his training shoes were found in the flower bed under the kitchen window.
As counsel is aware, Alex was arrested and taken to the police station. Alex refused to answer police questions in interview, but his solicitor handed a prepared statement in which Alex claimed that he had been working alone at his office on the evening in question, and stated that his fingerprints on the knife must date back to the time when he lived at the house with Bella. The prepared statement made no reference to the footprints found in the flower bed under the kitchen window.
As counsel is aware, the case is to be heard at Oxford Crown Court. Alex is intending to plead not guilty to attempted murder and proposes to give evidence at trial, and continues to maintain that he was working late at his office at the time of the attack. As counsel is aware, Alex has two previous convictions for actual bodily harm arising out of attacks on former girlfriends, as well as a previous acquittal for wounding with intent arising out of an attack on a former business partner who had brought court proceedings against him. Instructing solicitors understand that the prosecution intend to adduce expert evidence at trial in relation to the fingerprints found on the knife and the footprints found in the flower bed. Instructing solicitors also understand that Chrissie has received a number of threatening telephone calls, and now says that she is unwilling to give evidence against Alex at trial.
Instructions to Counsel to Advise on Evidence
As counsel is aware, this case raises a number of evidential issues. However, for the moment Counsel is instructed to advise only on the following specific evidential issues: (1) whether the prosecution will be able to make use of Chrissie’s statement at trial if she is not willing to give evidence, and (2) how her evidence might be presented if she does decide to give evidence at trial.