Can a properly certified ROC be adduced at trial?
British Columbia, Canada
The following excerpt is from United States of America v. Trotter, 2013 BCSC 1764 (CanLII):
Ferras, at para. 58, also provides that evidence summarized in a properly certified ROC is presumptively available to the requesting state for trial. However, the person sought can seek to call evidence to challenge the presumption. In United States of America v. Thornett, 2013 BCSC 1470 at para. 34, the court addressed the availability of a ROC witness to give evidence and held that asserting availability at this stage means no more than the prosecution representing that the ROC evidence is capable of being adduced.
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