The affidavit of desistance was considered not to have any probative value.

In an early affidavit filed by Colin, he says he hopes to resolve the dispute.

The Court ruled that the affidavit of desistance should be considered as hearsay, and had no probative value.

The splits proposed by Colin left him with what I considered to be the best properties, he wrote in an initial court affidavit in 2015.

In that case, the Trial Court had ordered the release of a man accused of repeatedly raping a minor girl, because the victim had made an affidavit of desistance, and because she did not appear in Court.

In addition, the judge did not admit the affidavit of desistance of the alleged victim as evidence while she admitted his first statement, although both were equally confirmed by witnesses who did not have a personal knowledge of the facts.

On the issue of the alleged forged affidavit confirming the complainant's conviction for murder, it is argued that no objective evidence, other than a report from an investigator, was provided to prove that the complainant is not one of the convicted persons.

It states that following inquiries by the Swedish Embassy in Dhaka, it was established, after looking at the court records, that the complainant was not one of the 18 accused and convicted of murder, as claimed by him and allegedly confirmed in a lawyer's affidavit.

2.6 On 11 October 1995, the alleged victim, assisted by his parents, signed an affidavit of desistance, confirming the version of the facts as related by the author, and admitted that he had been part of a set up organized by police officers Augustin and Dancel.

The petition was withdrawn by the petitioner, after the ministry entered an affidavit, committing to take minutes of the nominations committee's hearings and instruct the committee members to act according to the rules of affirmative action, and an internal procedure in that fashion was issued in the ministry.

On the issue of the age of the alleged victim, the Court of Appeal considered that the trial court did not commit any error in not giving probative value to the affidavit of desistance because the well known rule is that retractions are generally unreliable and are looked upon with considerable disfavour by the courts .

5.3 The authors reiterate that, once their claims had been made out, the German courts rejected them on entirely different grounds, namely that the authors should have tried to obtain an affidavit from someone who did not necessarily know of the stocks and who had not listed them in the inventory of Aich Castle.

2.19 On 12 January 1998, the Trial Court found that the admission of Godfrey Domingo on what transpired between him and the accused which he repeatedly related to the different public officers immediately after the incident ( ) cannot be overcome by the affidavit of desistance executed by Godfrey Domingo assisted by his parents , because the alleged victim was not in court to confirm the contents of the document.

He also argues that the evidence based on what the alleged victim had told police officers, social workers and the doctor was not considered hearsay and thus admissible evidence, whereas the affidavit of desistance signed by the alleged victim, and the testimony of the district public attorney who administered it, was considered hearsay by the judge, because the alleged victim had not come to court to confirm its contents.

Firstly, the conclusion of the majority of the Committee was clearly based, in our view, on an unfortunate confusion between a judicial review (an inherently limited administrative law recourse based on a mere application supported by affidavit evidence) and an ordinary action where the judgement is based on the evidence of witnesses, who are heard in court and are subject to cross examination, from which the Court makes proper findings of fact.