Advice needed

DaleB91

On saturday night my girlfriend and i were walking up the road in Dunmore East, no foot paths either on this one way street so dont say we shoulda been on them, when a transit van came up behind us so we moved in a bit more and gave plenty of room to pass but the van swerved towards us and swung open the passanger door and hit my girlfriend with it. She was knocked to the ground but i grabbed her and pulled her straight up, we went over and sat on a wall to see if she was alright when the van came back down the road so i took the reg and rang the gaurds. They caught the van nearly immediately because we got a phone call back within 5 minutes but they wont tell us who they are unless she makes a statement and she's scared of making one incase they find out her name and come after her again. So we're wondering if she makes a statment will the gaurds come back to them and say we have a statement from ******. Would really appreciate whatever advice you can give us.

Zambia

Mate you should ask the Garda who takes the statement about this. In the end its your GF decision to make or not make the statement. It is a very vital piece of evidence. But I dont believe your name and address will be handed over.

The Garda have done what everyone wants them to do they have attended and caught the bad guys. You needed them they came now they need you.

If this thread is in danger of being locked due to request for legal advice.

Could we at least ask the question what information is handed over in a brief that is seen by the accused as regards witness information?

January

I don't think they'll even reveal your name to the other person, they'll just confirm that they have a statement from the victim.

pancuronium

No your friends name will not be given to anyone. Your friend can stay anonymous if she pleases that’s her right. But without the statement there is no case, so best to just drop down to the station and have a chat explain your fears & if you prefer you can even request to speak to a Ban Garda (your friend might be more comfortable speaking to another woman)

source

The accused won't just be told We have a complaint from Ms. X who says you hit her with a van door.

They will be told we have a complaint about an incident that occurred on x date at y location where it is alleged you did z.

However when it comes to a prosecution the solicitor for the accused can, in court, request copies of statements made so he can organise the defence case. He will then get all statements in relation to the case, including yours, the Garda's statement, and the accused's statement/ memo of interview.

At this stage your name will come into it. But at this stage you will be appearing in court in relation to the incident.

Gardai can only do so much, The members came out took details and promptly found those responsible. While you have the right to have a Garda respond to your need for help, you also have a societal responsibility to continue with the prosecution by making a statement and going to court.

J K

The address can be blacked out in statements disclosed to the other side if there is a fear of witness intimidation.

MagicSean

If your girlfriend proceeds with a prosecution she will have to be identified to the person eventually and both of you will probably have to take the stand against him.