R v Qaumi & Qaumi (No 10)

In the case of R v Qaumi & Qaumi (No 10), the defendants were charged with multiple offences, including murder. The court was tasked with determining the admissibility of certain evidence provided by the prosecution. The evidence in question was derived from police intelligence sources, and the defence argued that it was inadmissible due to its hearsay nature and because it was relevant only to an alleged accomplice rather than the defendants directly.

The court had to decide whether the information was admissible under the exceptions to the hearsay rule, specifically whether it was relevant to facts in issue and whether it could be considered reliable. Additionally, the court examined the defendants' argument that the evidence was inadmissible because it was unflattering and could not be corroborated by the source. The court also considered whether the evidence was necessary to establish the involvement of the person alleged by the accused to be the killer.

The court found that the evidence was admissible as it was relevant to the facts in issue and could be considered reliable despite its hearsay nature. The court concluded that the unflattering character assessment did not render the evidence inadmissible and that the alternative hypothesis proposed by the defence was not sufficient to exclude the possibility that the information was true. The court also found that other evidence connecting the person identified by the accused to the Crown witness supported the admissibility of the police intelligence evidence. The court determined that the evidence was necessary to establish the involvement of the alleged accomplice.

The court admitted the evidence, and the defendants' application to exclude it was dismissed. The case proceeded to trial with the evidence being considered by the jury in determining the defendants' guilt or innocence.