Is evidence given by an accused during his bail application

Reference no: EM133408040

Case Study: A well-known businessman, Mr Shakes, is arrested, and accused of committing massive fraud and corruption relating to government tenders. It is alleged that he inter alia bribed a highranking government official to obtain many of these tenders. While he is detained, the police search his house and place of business and the offices of his attorney. Amongst other incriminating documentation, they seize a fax that is important proof of the generally corrupt relationship between Mr Shakes and the high-ranking government official. During his bail application, Mr Shakes is faced with a hard choice: if he testifies to ensure his release on bail, he will also give evidence that will incriminate him on the main charge.

Questions:

1 Is evidence given by an accused during his bail application admissible against him in the trial? Fully discuss. (10)

2 During the trial, Mr Shakes' legal advisor objects to the admissibility of some of the documents seized at his legal offices on the ground that they constitute privileged information. Do you agree? Fully discuss.

Reference no: EM133408040

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