Is recanted evidence so defective or so unreliable?
British Columbia, Canada
The following excerpt is from Republic of India v Tut, 2019 BCSC 564 (CanLII):
The issue of whether recanted evidence is “so defective” or “so unreliable” was considered in United States v. Kerfoot, 2016 BCCA 306 [Kerfoot CA]. In that case, the court of appeal upheld the extradition judge’s finding that the fact that a key witness recanted his testimony did not rebut the presumption that his evidence, as summarized in the certified record, was reliable. As such, the evidence was considered by the court when deciding whether committal was justified.
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