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forced to act as witness?

  • 10-10-2007 6:16pm
    #1
    boss^is^dead
    Closed Accounts Posts: 73 ✭✭


    Hey guys,

    Last year a young man struck his cousin in the head with a hammer outside our local pub. My sister was inside the bar at the time and knows the victim in question. She made a statement of sorts later that day. The statement pointed out that she was in the pub at the time when the victim left and after hearing what sounded like a fight outside,she turned to see the defendant standing in the doorway of the bar. Socially it's 100% that this young man did indeed strike the victim, but legally no one has actually seen the event, the closest thing is my sisters statement, which she does not want to have to go to court and testify against the defendant for. Basically the defendant is from a traveling family in our area and are best known for violent acts around the town and surrounding areas. My sister does not want to have this family looking to punish her for testifying against one of their family. She is trying to withdraw her statement but it seems as though she is not allowed. They have threatened to arrest her if she does not take the stand and testify against the plaintiff. They also threatened my mother with arrest for not giving the address of my sister, as she no longer lives in our family home. It's a horrible situation and the court case is in a week or two.

    Is there anything she can do to get out of it?

    Is it really legal for them to threaten to or to actually arrest her for not wishing to testify against him?

    Any advice would be fantastic!


Comments

  • #2
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    boss^is^dead wrote:
    Any advice would be fantastic!

    Solicitors office. Stat.


  • #3
    Johnny Utah
    Registered Users, Registered Users 2 Posts: 2,157 ✭✭✭Johnny Utah


    "She made a statement of sorts later that day"



    Well did she make a formal statement in writing at the Station or did she merely give notes at the scene, and is the case to come before the courts soon?

    If she made a formal statement and then retracted it without any legitimate reason, I believe she could be liable for malicious prosecution/wasting garda time. However, if she explained that she was in fear for her life/property, she probably would have a valid reason for withdrawal of statement. Of course the explanationm would have to be believable/reasonable- ie the defendant/other family would have to be seen as a serious threat/previously involved in crime etc.


    Anyway, it's probably best to go to your solicitor asap. Perhaps he could deal with the issue directly with the Gardai.


This discussion has been closed.
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