This decision contains pre-charge rulings in a criminal trial involving charges of robbery, kidnapping, and attempted murder against David Kawal and co-accused.
The court addressed three issues: the admissibility of consciousness of guilt evidence, a directed verdict application for one of the attempted murder charges against Kawal, and an alternative suspect application.
The court ruled that the consciousness of guilt evidence (cell phone sim card change) was inadmissible due to its low probative value and high prejudicial effect.
It granted a directed verdict of acquittal for Kawal on the attempted murder of Mohammed Ibrahim, finding that the act was not a probable consequence of the common criminal purpose.
Finally, the court allowed the defence to pursue an alternative suspect (Q.H.) for the shooting of Officer Alwyn, finding sufficient admissible evidence to lend an "air of reality" to this defence.
