Probative point: Acknowledges psychiatric evidence as “fundamental,” establishing contemporaneous knowledge of capacity/mental state relevance.
18 Sep 2020 — Confession of evidence:
Attachment: “Unused Material Disclosure 18‑09‑2020.pdf” containing nursing letter evidencing diminished capacity.
Exhibit: WK‑02 (Email + attachment; include full file hash)
Probative point: Confirms possession of exculpatory material prior to 14 Oct statement and prior to the prosecution outcome.
Subsequent conduct — Confession of failure:
Despite (a) express recognition that psychiatric evidence was fundamental and (b) possession of the nursing letter, he advanced proceedings without commissioning or filing a forensic psychiatric report or seeking appropriate protective orders.
Exhibit: WK‑03 (Correspondence/procedural record showing absence of report; hearing notes or orders)
Duties engaged and breach (concise)
Knowledge of vulnerability: Triggered duty to protect and to obtain expert evidence proportionate to capacity issues.
Possession of exculpatory material: Triggered duty to review, disclose, and act upon material favourable to the client.
Failure to obtain fundamental report: Deviation from acknowledged case needs, causing foreseeable prejudice.
Causation and prejudice
Foreseeability: With psychiatric evidence identified as “fundamental,” failure to obtain it made adverse outcomes reasonably foreseeable.
Outcome: You were prosecuted and detained for approximately three months in conditions you describe as inhuman and degrading.
Link: Absence of the report and non‑deployment of known exculpatory material materially contributed to that outcome.
Statement of truth
Statement: I believe that the facts stated in this witness statement are true.