Giving Evidence

Villain

Firsty mods I realise this may not fit into the politics forum but I couldn't think of anywhere else to put it.

My GF was working in a shop 5 years ago when an incident occured between the owner and another person, she was present before and after the incident occured and was asked to give a statement to the Gardai which she did.

Her statement doesn't contain any evidence that would swing the case either way, but 3 years ago she was asked to go on and give evidence which she ageed to, this involved travelling 150 miles as she was away from home in college. The case was adjourned because the offendent was ill, she was called again the following year only for it to adjourned again. Last year she was asked to go again but she stated that she was doing exams and wouldn't be able to. The garda called her and said she had to and she had no choice so after travelling 150 miles and missing 2 days of college it was adjourned again.

Now last week the Garda called to her house and verbally abused her mother because she wasn't answering her phone. She called back later in the week and informed her that she had to attend and that if she wanted to complain she would have to do so to the Dept of Justice!

So basically what I need to know is can she withdraw her statement and refuse to testify?? I believe she can as I remember a case in limerick not so long ago where people redused to give evidence because they were being scared off.

Sorry for the longwinded post but any help would be much appreciated.

Sparks

You are allowed to refuse to testify, at least until the Criminal Justice Bill comes into effect before christmas - if I remember correctly, after that point you can be compelled to testify if your evidence is material to the case being argued.

gom

irish1 wrote:

So basically what I need to know is can she withdraw her statement and refuse to testify?? I believe she can as I remember a case in limerick not so long ago where people redused to give evidence because they were being scared off.

As a matter of course I avoid making statements unless I feel it will make someones life better or is of importance to society as a whole. Cost/Benefit in my own head.

I believe that your gf is in a sticky situation. She has made the effort on 3 occasions and most likely already made a written statement(i.e. gone to the gardaí station after the offence). There is the possibility that she can get out of it by making a statement via a solicitor. This way she would still be making the statement legally but not attending.
She may be able to make a statement to the Dept. of Justice via a solicitor also that she retracts her statement. She can also refuse to cooperate. I don't see the gardaí arresting her for this if the crime in question that she is witness to is not an overly serious one, i.e. murder would probably be too saviour.

Basically don't take any crap from the Gardaí. You have free will and authority over yourself. Be prepared to fight for it as they can be real bullies when it suits them. She has the right to refuse to cooperate and I am almost certain that she can retract her original statement however this might result in the collapse of the trial also ?


move it to personal issues in my opinion

grumpytrousers

Is it a 'civil' case as opposed to a Criminal one? First up, I hope your G/F got plenty of £££ for expenses...erm - going rate (civil service) is 78c a mile...

Ultimately, has she recieved written notice to attend. By registered post.

If not, she can tell the rozzers to **** right off. Simple as.(*)

(IANAL. Your results may vary. The quality of local gardai may go down as well as up. Please get advice from a professional.)

Batbat

Im not supprised the garda acting rude like that they have really gone down hill in the last couple, in the past they deserved respect, but not if theyre rude and gangester like

Villain

I just spoke with someone in the Dept of Justice, he advised that she offer to give her evidence by depoisition and if they aren't willing to accept that she should reply in writing stating her offer and her unavailablity to attend the case.

Its in a District Court and it is a criminal case.

grumpytrousers

irish1 wrote:

I just spoke with someone in the Dept of Justice, he advised that she offer to give her evidence by depoisition and if they aren't willing to accept that she should reply in writing stating her offer and her unavailablity to attend the case.

Its in a District Court and it is a criminal case.

Fairy 'nuff.

She should still get formal notification in writing. The cops calling around and f***ing her Ma into a knot isn't really the same thing, y'know...