Blagrove (Oliver) v R.pdf - The Court of Appeal

proceedings, because I see as hestipulates, he is alien to this, thencertainly, that amendment would notaffect him in the least.….Her Ladyship:Mr. Tyme:Her Ladyship:But what is the Crown - what evidencehas the Crown brought to link thisaccused, to link this man with theperson in the statement; there must besome link to even consider amendingthe indictment, which is it? What is theevidence.I see no cause, I see no link and I willbe honest with the court, there is none,if I am to answer that question…..I am just going to refresh my memoryas to the evidence as gone before. I willrise for about 15 minutes.”[16] The learned judge made the following ruling on her return to court:“Her Ladyship:Now, having examined the detailednotes I find in the statement of Mr. KirkMiller, which was admitted as evidence.Mr. Kirk Miller speaks of Paul Blagroveat the residence of the Miller‟s, speaksof Paul Blagrove having gun in hand anddescribed what happened afterwards.He speaks of knowing Mr. Blagrove welland that he was known also as„Squeechie‟ and they grew up togetherin the Evans and Lewis Street area.The statement of Mr. Miller speaks ofPaul presently living with his wife andother family members. DetectiveCorporal DaCosta says Mr. Blagrove, thisman before the court, resided at 13Lewis Street, according to the evidence,