I think R v Cooper is an interesting case.

In this case, the defendant was charged with an offence involving the importation of cannabis concealed in a television. One of the evidence concerned were two letters written by the defendant’s wife.

The letters were found in their room and they were not posted. One of the letter said this:

“We have been hasless for a couple of weeks (all the houses) and the strain was showing. There was a sharp increase in the consumption of alcohol and general erratic behaviour. But, Ali’s contact came thru for us last Friday and had us all smiling.”

The Court of Appeal said that before a defendant can be cross-examined on a third part’s account of events, he must have accepted that account as true. Furthermore, the letters should be inadmissible as hearsay, and to admit the letters is an attempt to get round the general rule under which one spouse was not a compellable witness against the other.

At first I thought the letters should be admissible, as the jury could infer from the letters that the defendant was indeed expecting the arrival of a consignment of drugs; but then again, it would seem quite unfair to draw an adverse inference against the defendant based on the letters which contents he was not aware of. He clearly shouldn’t be responsible for what he didn’t know – there could be a possibility of fabrication by his wife.

On the other hand, if the offence commited is murder, and it could be inferred from the letters that the defendant and murdered someone, then in my humblest opinion, I would think it is both in the interest of justice and public interest to convict the defendant. I personally think that the nature of the offence commited will influence the outcome of the decision.

I think it will also be fair to look into the surrounding circumstances (if, hypothetically, it becomes an issue) ie the defendant’s relationship with his wife. Did they have a quarrel recently? Is there any possibility of the wife revenging on the defendant? Did the wife (or the defendant) have another affair? I think all that could be taken into account in deciding whether the letter is reliable.

Then again, maybe I think too much when I read… But then again, you can have all sorts of opinion on law since it is concerned of balancing between two extremes instead of what’s right and what’s wrong, isn’t it?