Eastenders - Current Episode Discussion - VIII

[lizann]

Isnt Liam too young for even a part time job

[Dennis tanner]

It is hearsay but confessions to a third party are allowed in court under certain circumstances. One of these is to corroborate other evidence, which in this case, is singularly lacking. The defence can challenge the nature of the confession before the trial starts and a hearing would be heard on whether in this particular case the evidence can be produced at the trial. If it is obvious that the person reporting the alleged confession has his or her own agenda it would undoubtedly be thrown out. So I think there would be more than enough grounds for Phil's lawyers to get it ruled out in this case.

It's not hersay and the corroboration is the visual record.

Which brings us back to the question, why doesn't Inspector Mars Bar follow up the written evidence on the car lot fire instead of wasting time on this?[/QUOTE] Don't know. Franks statement would be classed as evidence from a co-accused which would need to be corroborated.

You're confusing the fact of being told with what is being told.

If Phil tells Ben that he murdered someone then Ben's evidence in court is first hand in respect of the fact that Phil told him he had murdered someone but second hand as an account of the crime and would fall under the hearsay rules as applied to evidence that I outlined above.

Confessions are not treated as hearsay evidence. Confessions to the Police are not treated as hearsay evidence either and have secured many convictions.

Even with fully stretching the boundaries for TV storyline credability , the CPS would not take this to court based solely on hearsay evidence from one person, who is easily proven as predjudiced ,been recently convicted of a serious assault. who lied at the time. and who under questioning would show himself to be a complete knobhead. As has already been said there's more evidence with the car lot fire to prosecute.

The two main common law exceptions to the rule that hearsay is inadmissible are res gestae and confessions.

[flappinfanny]

loved bens face at the end of fridays ep. that smile. hes certainly not the musical loving billy elliott any more. he could be the new norman bates.

[lizann]

What did Ben expect tonight surely he knew Shirley and the others wouldnt he happy

[Katy]

I agree it was obvious Shirley would kick him out when she found oit!!

Not keen on the new lucy t the moment. Shes a bit to posh!!

[flappinfanny]

anthony came out with a corker tonight, 'i start my new course next week, pakistani cooking'' so funny.

[Dennis tanner]

anthony came out with a corker tonight, 'i start my new course next week, pakistani cooking'' so funny.

Nearly as funny as Pakistani Ludo

[Dennis tanner]

I agree it was obvious Shirley would kick him out when she found oit!!

I would questuion as to whether she is entitled to kick him out. Ben was stupid to think they would find out sooner or later
However, the Obnoxious Shirley is wrong to keep harping on that Phil has been fitted up. Phil is guilty and nobody has told any lies.

[Siobhan]

Shirley of all people know about the car and kevin's death, she was bloody in it so why say he was fitted up...

[tammyy2j]

I would questuion as to whether she is entitled to kick him out. Ben was stupid to think they would find out sooner or later
However, the Obnoxious Shirley is wrong to keep harping on that Phil has been fitted up. Phil is guilty and nobody has told any lies.

But he didnt kill Stella well as far as we the viewers know she jumped

I agree he does share guilt for Kevin's death