15:58KEY EVENT
Boy Y diagnosed with selective mutism and will type answers during his evidence
Justice Yip says the court will now turn to Boy Y’s case, although there is not sufficient time for him to begin giving evidence this afternoon.
But she says: “There are certain things I need to tell the jury about how he is going to give evidence.”
Junior counsel Mr Swift will first read agreed facts on this topic
He says: “Since his arrest, Boy Y has been diagnosed by psychologists with autistic spectrum disorder. Features of his ASD together with anxiety impact on his presentation and communication skills.
“Although Boy Y has a good overall understanding of language, following his remand he gradually stopped speaking to anyone apart from his mother. He has since been diagnosed with selective mutism. Boy Y’s silence is not a matter of choice. His verbal challenges are beyond his personal control.”
Justice Yip tells the jury: “You will appreciate that that makes it difficult for Boy Y to give evidence in the usual way. I have to give consideration how he can give his evidence at court. He can’t give it in oral form. That has required careful thought. We have come up with a solution. He is going to give his evidence over a link. He will be at court, he will just be nearby but not in the witness box. He is then going to give his evidence in writing by typing his answers. We have a transcriber in court who is going to type the questions put to him. He will be able to type the answer. You will see the answers being typed on your screen. That allows Boy Y to give evidence to you. It’s important every defendant has an opportunity to give evidence. That’s the solution that we have come up with.”
This may also involve him “pointing to things” when giving answers such as yes and no.
The judge continues: “Once he has typed his response, Mrs Williams (Boy Y’s intermediary) will read it out. She will be the person who speaks the evidence on to the court record.
“All of this is essentially to give Boy Y a fair opportunity to give evidence in the way any other defendant can do. That’s what’s going to happen tomorrow morning.”
Justice Yip asks for the jury to return at 10am on Wednesday.
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