Prosecution counsel told the court that the arrest was made last week as part of a surveillance operation.
Both the prosecution and defence counsel agreed to spare Josie the ordeal of having to testify and the taped interviews were used in court.
Yates has complained to colleagues that he was harangued and shouted down by MPs on the Home Affairs Select Committee last week and that no-one is focussing on the facts - in particular, that his decision not to re-open the phone hacking investigation was backed by the Crown Prosecution Service and leading counsel.
Defence counsel described the prosecution's application to adjourn the hearing as "suspicious to say the least".
Counsel for the prosecution, Richard Henriques QC, made it clear all three elements needed to be proved for a murder conviction.
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Counsel for the Public Prosecution Service is expected to confirm on Wednesday whether it is seeking fresh criminal proceedings.
The prosecution called for the tribunal to impose counsel on Mr Karadzic.
When the threat of indictment did not go away, KPMG retained new counsel, and entered a deferred prosecution agreement with the federal government.
Defence counsel William Clegg QC pointed out the prosecution case was circumstantial and said there was no direct evidence that George was the killer.
Co-counsel for John Mitchell in the Watergate prosecution, Cacheris also represented convicted CIA spy Aldrich Ames in perhaps the worst espionage case in U.S. history.
In court Wednesday, lawyers argued over the legitimacy of the tapes as evidence because Tripp was granted immunity from prosecution only after agreeing to provide them to Independent Counsel Ken Starr.
"In these circumstances it would be wrong of us to continue with a prosecution and after discussions with Norfolk police and prosecuting counsel, we decided to discontinue the case against Joshua Burton, " he said.
It also said prosecution was not warranted after an investigation into whether former White House Counsel Bernard Nussbaum testified falsely to Congress on the matter in 1996.
The wheels of his capital prosecution have now been set in motion after the offer made by Holmes' defense counsel to plead guilty in exchange for a sentence of life imprisonment without the chance of parole was rejected by Arapahoe County District Attorney George Brauchler.
Counsel for the defence argued that as the appeal judge had rejected key elements of the original prosecution and trial, if the same evidence was to be relied upon in a retrial, as it undoubtedly would, then that could potentially call into question the integrity of the administration of justice.
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They were among the lucky few who ventured to go to trial, who could afford top-notch defense counsel, and whose trial was presided over by a judge who did not act like part of the prosecution team.
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