HYPOTHETICAL QUESTION

Ted is charged with the murder of Peter. The prosecution case is that Ted was contracted to kill Peter by Fred. Fred was a close friend of Peter. Peter leads a secluded life in a village bordering a National Park on the edge of the city. Peter must drive over a narrow bridge when travelling through the park to get home.

On the night of the murder, Peter was playing cards at Fred's flat in the city with Fred and Fred's boss, Nick. After playing cards for a few hours, Peter said "I'm off home early tonight, I like to stop at the bridge."

About an hour after Peter left, the telephone rang, and Fred answered it. Nick heard Fred say: "Hello Ted, you sound terrible, I told you to take your tablets. You're at the bridge now? Get out of there."

There is medical evidence that Ted suffers from a rare nervous complaint.

A National Parks Officer, Green, found Peter in the National Park the next day about a half kilometre from the bridge. He was bleeding and appeared to have been walking to try and get some help. Green helped him into his own car and took him to hospital. On the trip Peter was falling in and out of consciousness, but managed to say, "I don't want to die" and "He's dangerous".

By the time Ted comes to trial, Peter is dead.

Questions

1) Can Nick give evidence of Peter saying, "I'm off home early tonight, I like to stop at the bridge"?

2) Assume that Nick is out of the country at trial and is not available to give evidence. Can the prosecution tender and rely on a written statement, containing what Nick heard Peter say?

3) Assume that Nickisavailable to give evidence. Can Nick give evidence of what he heard Fred say on the phone?

4) Can National Park Officer Greene give evidence of what he heard Peter say before he died?