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State barrister had 'grave concerns' about six-day cross examination of child rape victim

Summary

During a Court of Appeal hearing, Ms Pauline Walley SC expressed grave concerns about the six‑day cross‑examination of a 12‑year‑old boy who had been repeatedly raped by his father. She noted that the child became exhausted, agitated and at times zoned out, and that the defence counsel spent two hours reviewing photo albums and a map with the boy, raising questions that were not substantive. Ms Walley argued that such prolonged questioning was unfair to a child, citing a psychiatric report that the boy had communication difficulties. The trial judge, Mr Justice Robert Eagar, had allowed the defence to take its time, while the Court of Appeal President, Mr Justice George Birmingham, emphasised that questioning a child requires adaptation. The case involved special measures under EU directives, with the boy giving evidence via video‑link and an intermediary assisting him.

Who, what, where, when and why

What: Report matter: State barrister had 'grave concerns' about six-day cross examination of child rape victim. Procedural stage: appeal

When:

• March 2012 Hearing Or Sentence
• 2021-01-12 Publication

Why: "He was quite agitated," counsel said, adding: "There were times when he zoned out because he clearly was utterly fed up and exhausted by the process. CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report