Pre-trial application — admissibility of evidence — hearsay — availability of witness — terminally unwell complainant — admissibility of statement — lack of written application — oral application — Evidence Act 2006, s 22. The police, in an oral application, sought to admit a hearsay statement made by a complainant on the grounds that she was terminally unwell and therefore unavailable. The court found that, although there was a strong inference that the witness was unavailable, it was unable to dispense with the requirement that the application for the evidence to be admitted be made in writing. The oral application to admit the evidence was accordingly declined. Judgment Date: 11 January 2018.