concurring.
I agree with the majority that a writ of certiorari is an “improper avenue” to reinstitute criminal charges that have been dismissed by an issuing authority who has determined that no prima facie case exists. I write separately, however, to express my strenuous objection to the position espoused by the majority that an issuing authority is not empowered to make a credibility determination.
Our rules of criminal procedure provide that a criminal defendant may, at a preliminary hearing, “cross-examine witnesses and inspect physical evidence offered against him” and “call witnesses on his own behalf other than witnesses to his good reputation only, offer evidence on his own behalf and testify.” Pa.R.Crim.P. Rules 141(c)(2) & (3). In addition, the rules allow witnesses to be subpoenaed and require that persons testifying must first be “sworn or affirmed according to law.” Pa.R.Crim.P. Rules 144(a) & (b). In light of these rules which give the defendant an opportunity to effectively rebut charges brought by the Commonwealth, it is obvious to this writer that credibility is an issue confronting issuing authorities during preliminary hearings.
It is well settled that conflicting testimony and questions of credibility must be resolved in favor of the Commonwealth during a preliminary hearing, yet, it is also clear that an issuing authority must reject testimony that is patently incredible. See I Pennsylvania Benchbook for Criminal Proceedings, Preliminary Hearing — Procedure in Court Cases, § I., 5 at II-G-19, Scope of the Defense Presentation & Cross-Examination, (Pennsylvania Conference of State Trial Judges 1986). For example, if a victim testifies at a preliminary hearing that he was assaulted and robbed on a city street by the defendant on a particular *269date, and the defendant presents conclusive proof that the victim was in jail on that date, the Commonwealth has not established a prima facie case. Why force the issuing authority to go through a ritualistic episode, when the issuing authority knows that what is before him or her is false?
An issuing authority does not attempt to definitely determine the guilt of the accused at a preliminary hearing, thus double jeopardy does not attach where the issuing authority dismisses the charges against the accused. See Commonwealth v. Hetherington, 460 Pa. 17, 331 A.2d 205 (1975). The issuing authority does determine, however, whether a crime has been committed and whether there is evidence of the accused’s connection thereto. Such a determination can only be made on the basis of sufficient credible testimony.
Accordingly, I concur in the result reached by the majority and join in granting petitioner’s writ of prohibition.
ZAPPALA, Justice,