Mr Kobayashi
Well-Known Member
- Joined
- 1 Oct 2020
- Messages
- 17,873
Evidence that he was a sweaty sod would point to dishonesty but he is under no obligation to provide any information that could incriminate himself, that is the role of the accuser beyond reasonable doubt in a criminal trial and to a lesser extent of balance of probability in a private prosecution.
Sorry you need to read up on this, you are confusing things. A private prosecution is still a criminal trial.
This is a civil claim for damages.
It is all part of the discovery process, if he declines to provide evidence which he could reasonably provide to back up his claims then the court will be entitled to infer why he has chosen not to, i. e. because it doesn't exist.
Even if the records were destroyed he could ask his doctor at the time to provide an affidavit.
He chose to reveal this "fact" about himself despite him already having an alibi that he could rely on. If it was a credible alibi, why add the extra detail?