He announced that the case would not be dropped; there was a history of violence between the couple; the witness was competent and compellable
. The case was therefore listed for trial three weeks hence.
("It is a rule of evidence in civil cases, that no man is compellable
to testify against his interest, or to answer any question that will render him liable to an action, charge him with a debt, or subject him to a penalty or forfeiture."); id.
The accuseds claimed that this provision infringed their constitutional rights to a fair trial, including the right of arrested persons to remain silent, the right not to be compelled to make a confession, the right of accused persons to be presumed innocent, and the right not to be compellable
as a witness against oneself.
If a usufruct is left as a legacy, it is essential that a right of access go with it too; this is so to the extent that if a man leaves the usufruct of a particular tract of land as a legacy on the terms that his heir is not to be compellable
to furnish a via, this additional proviso will be held to be inoperative.
It operated upon the "conscience of the wrongdoer." The Chancery is a Court of Conscience, and to purge a guilty conscience it was first necessary that the wrongdoer should redress the harm done, as far as that was possible and compellable
(ibid at 22).
by law, has paid money which the defendant was
"He is a compellable
witness," he said, after an application for his attendance by barrister, Ivan McAteer.
"But because of the husband and wife relationship, Mr Mullany will be a competent witness but not a compellable
Section 189 of the CCRA, supra note 29 sets out that the Correctional Investigator is not a competent or compellable
witness in legal proceedings, but this does not prevent the use of the reports as evidence.
The first sexual history provisions in the Code were not especially useful for protecting women's equality in the criminal trial process, since they made the complainant a compellable
witness at the voir dire and relied on a general test of relevance to determine admissibility.