Is the DVD receivable on its own under some other head of admissibility? Under the Ares v. Venner test, many of the concerns about objectivity I expressed in relation to the warrant expiry date package are not present in the DVD. The camera and the microphone simply captured what was occurring. In doing so it offers truly the best evidence of the event, subject only to the limitations of camera angle and ability to capture sound. For the same reasons the DVD recording satisfies the twin elements of necessity and reliability under the principled exception to the hearsay rule. At the same time, relevance of the recording to these proceedings will only be established, if at all, by the addition of viva voce evidence yet to be heard.
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