In a first-degree murder trial, the Crown brought a pretrial application to admit the videotaped police interviews of the eight-year-old brother of the deceased under the principled exception to the hearsay rule.
The child had returned to Jamaica and his mother refused to permit him to testify.
While the necessity requirement was met, the court found the statements lacked threshold reliability due to material inconsistencies, the child's tendency to guess or make assumptions, and the lack of opportunity for cross-examination.
The Crown's application to admit the hearsay evidence was dismissed.
