Appeal allowed and new trial ordered due to improper use of prior consistent statements.
The appellant appealed his convictions for assault, sexual assault, and forcible confinement.
He argued the trial judge erred in admitting text messages sent by the complainant to a friend under the narrative as circumstantial evidence exception to the rule against prior consistent statements.
The Superior Court of Justice allowed the appeal, finding the trial judge improperly used the text messages for substantive corroboration of the complainant's in-court testimony rather than merely to provide context to evaluate credibility.
The convictions were set aside and a new trial was ordered.
SCJSuperior Court of JusticeJun 15, 2026
