What is the test for cross-examining an unsworn version of a police report?
British Columbia, Canada
The following excerpt is from Watson v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 947 (CanLII):
The Adjudicator was entitled to prefer the unsworn evidence found in the police report to the sworn evidence of the petitioner and his witnesses. There was no obligation on the Adjudicator to cross-examine the petitioner or his witnesses. The petitioner chose the nature of the evidence that it put before the Adjudicator. That evidence, as found by the Adjudicator, contained several inconsistencies and omissions. The Adjudicator is under no obligation to determine the answers to the questions raised by the petitioner’s material. Her obligation was to weigh the relevant evidence and information placed before her. See: Lucas v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 462 (S.C.). THE DECISION WAS PATENTLY UNREASONABLE ON ITS FACE
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