... Appeal dismissed his appeal and certified a question to the House of Lords. Condensing the certified question, it was whether a person not called as a witness, for the purpose of not establishing the truth of any fact narrated by the words, but of inviting the jury to draw an inference from the fact that the words were spoken ? 2 On the issue of relevancy, Lord Ackner for the majority considered that each request was evidence of the state of mind of the person making the request, and that was an irrelevant issue in the trial. This was backed up by Lords Bridge and Oliver. It should be noted though that Lord Bridge first considered that the evidence was inadmissible as hearsay, failing which it was irrelevant. Lord Oliver stated 3 that it becomes relevant only if the existence of facts can be inferred form it. Furthermore, Lord Oliver considered ...

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