McGrory v HMA, [2013] HCJAC 165
Citation: McGrory v HMA, [2013] HCJAC 165
Rule of thumb: Can a witness or a person accused of civil wrongdoing, be asked questions which could incriminate them if they answer them? No, and if this is done, then the defence can argue that the evidence is tainted and that there should be no trial.
Judgment:
‘At the start of his testimony, the trial Judge had warned Mr W that he need not answer questions which, in effect, might incriminate him in the murder... Had he not been warned, the defence would have been able to say that his evidence was tainted... Alternatively, if he had been told that he was immune, his evidence might have been different, even to the extent of admitting involvement in the stabbing’, Lord Carloway at 12
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