Gogna Affidavit – Fresh Evidence

As a Result of our Paper on Fresh Evidence questions have been asked as to the nature and form af a “gogna” affidavit . The Affidavit or statement is a record of how fresh evidence has been obtained .

It demonstrates to the Court what the Fresh evidence is , how it came to light and how it was obtained . It particularly answers the questions posed by Section 23 of the Criminal Appeals Act 1968 .

As well as addressing why it was not available at Trial it can show to the Court the integrity of the evidence collection . For example if a witness is questioned it can set out how that was approached ensuring that a new witness was not given any contaminating information .

Above all it is there to support fresh evidence and its admittance by the Court .

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