R v Spiteri-Ahern; R v Barber; R v Zraika (No 8)

HIS HONOUR: The material presented by the Crown is a series of medical records relating to the accused Louise Spiteri-Ahern.

Mr Trevallion, counsel for Ms Spiteri-Ahern correctly states that those pages, to which he has referred, adequately address the issues associated with what the Crown seeks to prove. The difficulty with that proposition is that once the injuries inflicted on Ms Spiteri-Ahern are relevant, it is a matter for the Crown how they prove it and the extent to which they take, to use the vernacular, a belt and braces approach.

That is, the fact that the three pages adequately summarise or state the facts, upon which the Crown relies, does not mean the other pages do not also state or deal with the facts, and the extent of the injury include neck injuries and a range of other factors.

It seems to me all of these are capable, which is the test, of rendering more probable, the existence of a fact in issue in the proceedings and I admit the documents: Evidence Act 1995, s 55.

I make it clear that unless there is other evidence to which this relates, which itself is admitted for that purpose, the material cannot be used for credit. It can be used only for motive and the establishment of the injuries.