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A trial of the facts shares certain similarities with a conventional criminal trial, particularly in how the prosecution presents its case before a judge and jury within a courtroom setting. Despite this resemblance, a significant distinction lies in the role of the accused, who is not required to participate in the proceedings or even be physically present during the trial.
This situation was evident in the case involving Eleanor Donaldson, who did not attend any day of the four-week trial in which evidence against her and her husband was examined. Even though the accused is absent, legal representation is still provided. The defendant’s legal team carries out essential functions such as cross-examining witnesses, contesting evidence presented by the prosecution, and making legal submissions on their behalf throughout the trial of the facts.
During Eleanor Donaldson’s trial, her legal matters were handled by Ian Turkington KC, who conducted witness cross-examination and delivered closing statements at the conclusion of the hearing. This highlights how the defense remains actively engaged despite the absence of the accused, ensuring that their rights are safeguarded in the legal process.
The nature of the verdict in a trial of the facts also differs greatly from that of a standard criminal trial. Instead of deciding on a verdict of guilty or not guilty, the jury’s task is to determine whether the accused actually performed the physical acts they are alleged to have committed. Unlike a normal trial, where the jury also considers the defendant’s mental state or intent, here the emphasis is solely on the actions themselves. The jury must be convinced beyond reasonable doubt that these acts occurred; if they are not sure, the accused cannot be found to have committed them and may be acquitted
Read the full article from The BBC here: Read More
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