I am grateful to Laurie Anstis for drawing my attention to the decision of the Court of Appeal decision in SS (Sri Lanka), R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1391. The Court had plenty to say about witness evidence and demeanour.
THE CASE
The ...
If demeanor really is irrelevant then maybe the criminal courts should be advised of it.
To a jury, the defendant’s demeanor is often the decisive factor in leading to a decision whether to convict or acquit. Most people are very judgmental, and will decide if a defendant is likely or not likely to be guilty as soon as they see him and he opens his mouth.
Perhaps in future criminal defendants should give evidence where they can’t be seen and have their words spoken by an actor!.