Judges rule ‘hearsay’ evidence can provide ‘mutual corroboration’ in refusing appeal against assault conviction

Delivering the opinion of the court, the Lord Justice General said: “There is no requirement that the two sources of evidence be direct testimony from eye-witnesses. It is entirely legitimate to prove a case using, for example, one witness speaking to one incident and the hearsay evidence of a deceased speaking to a second incident.

“The hearsay, once deemed admissible, becomes the equivalent of the testimony of the speaker and can be used as proof of fact and hence corroboration.

“The court agrees that it is entirely speculative to suggest that the jury would have used the evidence of the res gestae relative to different charges with a different locus to show that the appellant had committed unrelated offences on the indictment. In these circumstances, this appeal must be refused.”