You need to start preparation for Trial and special hearing as soon as possible.
A special hearing is a process where the evidence of a child or a cognitively impaired complainant is taped and then shown to the jury (ie. Their evidence is not given to the jury “live”). The complainant’s evidence is normally the most crucial important part of your case and needs to be fully prepared for.
The sort of preparation that we may need to do is the following:
- Subpoenas – to get documents brought to Court that we think will be helpful to your case
- Get expert reports to show where the prosecution witnesses are making wrongful assumptions
- Lodge s32C notices – where we want to bring up confidential communications (ie complainant and counsellor)
- Lodge s37A notices – where we want to cross-examine on a complainant’s prior sexual history (ie where there has been an ongoing relationship between accused and complainant)
The key is to have a plan in place with your lawyers about how your matter is being handled.
Prepare properly and give yourself the best chance to win your case.
