Corroboration rules in the law of evidence - should the caribbean jurisdictions continue to hold on to them?

• Author: Andy Darkob
• Position: LL.B. (Hons.), LL.M., Barrister; Lecturer, Cayman islands Law School
• Pages: 501-514

CO RR OB OR AT ION RULE S IN THE LAW OF E VID ENCE -

SHOU LD TH E C AR IBBEA N JUR ISD ICT IONS C ON TIN UE

TO HO LD ON TO THEM?

An dy Darkob*

Introd uction

In my previous articles in t he Caribbean Law R evie w1 an d The

Law yer, I argue for child witness es to be pr esum ed com petent to

tes tif y, the reby rem oving any test o f com petency cond ucte d by a

jud ge, before receiving the child w itness’s testimony. If, in the course

of any such te stimo ny, it become s obvious that the child witness is

not mak ing sense, the ju dg e may exercise his com mo n law p ower

(applicable in relation to all witnesses) to stop the child witness or ask

the ju ry to disregard t he evidence.

In child abus e cases, it is oner ous eno ugh for th e p rosecu tion to

striv e for corroboration evidence to supp ort t he evidenc e o f the

com pla inant. The burden becom es almost impossible w hen

corro boration is req uired for the m ere fact th at the witn ess is a child,

and the c hild add itio nally h as to g o thr oug h a test o f competency to

show that she has sufficient intelligence to justify h er evidence being

received.

The corro boration rules as inherited in the com mo n law

jurisdiction were created over the centuries in England in cases such

LL.B. (Hons. ), LL.M., Barrister; Lecturer, Cayman i slands Law School.

See An dy Darkoh, ‘"Children’s Evide nce-Making a Case for the A doption of

the En glish Criminal Justice Acts in Caribbean Jurisdictions,” (19 94) 4

Carib . 1. ft 4 48

501