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Witness Emigrated

  • 18-06-2012 11:02am
    #1
    ft9
    Registered Users, Registered Users 2 Posts: 4,408 ✭✭✭


    How do the courts manage in the scenario where a witness who has given a statement to gardai regarding an assault has now emigrated by the time the case is heard?


Comments

  • #2
    ft9
    Registered Users, Registered Users 2 Posts: 4,408 ✭✭✭ft9


    Anybody? Lets say for arguements sake its a section 2 non fatal offences against the person? With a plea of not guilty.


  • #3
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    The case goes on without the witness.


  • #4
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    Milk & Honey wrote: »
    The case goes on without the witness.

    Unless you want to pay for the witness to come back for the case, of course. But that's all down to you, having emigrated is one of those things that judges accept as valid reasons not to appear in court......unless the person who has emigrated is the defendant of course.


  • #5
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    source wrote: »
    Unless you want to pay for the witness to come back for the case, of course. But that's all down to you, having emigrated is one of those things that judges accept as valid reasons not to appear in court......unless the person who has emigrated is the defendant of course.

    Would it make a difference if the witness had been Subpoenaed before they emmigrated, or do they subpoena witness in Ireland, watched to much American TV..


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    GerardKeating wrote: »
    Would it make a difference if the witness had been Subpoenaed before they emmigrated, or do they subpoena witness in Ireland, watched to much American TV..

    If the witness was summonsed then they may have a warrant issued for their arrest for ignoring the summons.


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  • #7
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    source wrote: »
    Unless you want to pay for the witness to come back for the case, of course. But that's all down to you, having emigrated is one of those things that judges accept as valid reasons not to appear in court......unless the person who has emigrated is the defendant of course.

    Depends whose witness it is. Is the witness for the prosecution or the defence?


  • #8
    ft9
    Registered Users, Registered Users 2 Posts: 4,408 ✭✭✭ft9


    Lets say the witness was for the prosecution.

    Would their statement still be taken into account by the judge or would it be ignored?


  • #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ft9 wrote: »
    Lets say the witness was for the prosecution.

    Would their statement still be taken into account by the judge or would it be ignored?

    As its section 2 which is summary then the statement can not be used.


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