Do I have to give another witness statement 4 years down the line?

batman1

Hi,

4 years ago I was witness to an accident at work. The person injured will probably never work again and has filed a PI claim against the company.

Its been dragged out for 4 years.

At the time and soon after I gave 2 witness statements. (one was written by the defense engineer and I signed it!), but this is not the issue.

This week I have had a visit from the same engineer for the defense (company) telling me that 'they' (the claimant) require more information and I will have to make another statement. I am reluctant to do this for several reasons.

I cannot remember with absolute clarity the events of that day. I suspect that the defense have a poor case and are hoping that I will say something different to the original statement. I don't want this as the person injured is a friend and he deserves his compensation.

I have made a copy of my original statement and if they require another one, I will sign and date my original one.

I would like an opinion on this as I am not a legal brain and I am concerned about this course of action by the engineer involved. They were given all the evidence 4 years ago but now want more statements from witnesses. It all seems a bit funny to me.

The company invlved no longer exists so it is an insurance issue.

I am of the understanding that I am not required to give any more statements to anyone as I have already made 2.

Apologies for the post being long-winded.

stepinnman

Unless you are an expert witness (and even then only by agreement) your written statement won't be handed into Court and if the matter goes to hearing your evidence would be oral only.

Judges, Barristers & Solicitors are all well aware that people's memories of events can change over time and the simplest thing to do if you don't remember something is just to say so.

I'm not too sure why somebody would be looking for a follow up statement from you 4 years after the event if they already got one at the time but think it would be fair enough for you to advise them that they already have a statement from you and you don't think you can add anything to that.

Carawaystick

There could be a cost for your time involved.....
and you might not remember anything more than your original statement....

seamus

I don't see any reason why you would be required to give a statement. This is a civil matter so you have no obligation to do anything unless directed to do so by a court.

I would offer the guy a copy of your original statement and let him know that you're not confident that you have accurate recall of the events. If you decide to go ahead and speak to him, then read your original statement to refresh your memory and if you're asked any questions not covered by the original statement, your response is, "I don't recall".

kmick

If you dont want to give another statement say no. Simple as that. You have no obligation.

Bosco boy

I'd be very wary of giving an additional statement, if your happy with you original one then hand him a copy and sign it for him (especially as he represents the previous people who took your statement). it appears that he is looking for some additional matter that might alter the direction of the case in their favour. It might be no harm to discuss it with him to see if you can establish what hes looking for. If your original was made in good faith at the time (4 years) ago stick with it unless something very obvious is pointed out to you that is correct and you can stand over now.

NUTLEY BOY

Another view.

You are a compellable witness if this goes to trial and either side wants to call you.

You will be a witness of fact. This means that you are strictly confined to answering questions on matters of fact that lie within your actual knowledge.

The defence took a statement from you and want a supplementary one now. There is nothing inherently wrong with giving a supplementary statement if it is to clarify a matter in the previous one or to deal with a new issue that may have arisen in the course of investigations.

If your evidence is detrimental to the defence they will probably not call you.

If you have given a statement you can be challenged on that if you give evidence that contradicts your original version. However, if you are called by the defence they cannot cross-examine you on any inconsistencies between your statement(s) and your evidence. To cross-examine you they need to ask the judge to declare you to be a hostile witness but that is a rare event !!

As others have said you have no obligation to make a statement or a supplementary one.

I would ask the engineers what exactly they need to know over and above the original statement. If there is nothing new to be clarified or explained simply emphasise that your original statements are your truthful and best recollections of events and that there is nothing that you can usefully add.

Be careful that you are not inadvertantly "coached" to provide certain answers to certain questions or pressurised in to doing so. Remember that you are the one responsible for what comes out of your mouth and, in context, you must confine yourself to what you actually know as distinct from what you think.