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Witness Statement - No witness available on court day

  • 13-10-2013 8:58pm
    #1
    Cass
    Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭


    Quick question.

    I've done a search and while some threads cover the general topic they do not address my specific question.


    A defendant has been summonsed with breach of the peace and is being brought to court. He has got a witness to write out and sign a statement in his defence which the defendant has given to his solicitor. The witness for the defendant has gone to the defendants solicitor and gone through said statement.

    The court date is not too far off and the witness is showing nerves at the whole process having never been through it or even involved with Gardaí/Courts before. They are already talking off not turning up due to nerves, but have no sign of retracting their supporting statement for the defendant. Is it possible that the statement, made by the witness, can be used in court (read into it or however it's phrased) or must the witness turn up on the day? Is the statement moot unless the witness testifies on the day?

    The witness has not been summonsed by either the defendant's solicitor or the prosecution (again excuse the incorrect phrasing if i'm getting this wrong).


    Thanks in advance.
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Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Cass wrote: »
    Is the statement moot unless the witness testifies on the day?

    Yes.

    If a defence witness has not been summonsed to appear and he doesn't show up, there is nothing the defendant can do and the statement is worthless. The judge will not allow the contents to be read in court and he (the judge) will not read it either.


  • #3
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    ss. 4k & 4L Criminal Procedure Act 1967, as amended.


  • #4
    Cass
    Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭Cass


    coylemj wrote: »
    Yes.

    If a defence witness has not been summonsed to appear and he doesn't show up, there is nothing the defendant can do and the statement is worthless. The judge will not allow the contents to be read in court and he (the judge) will not read it either.
    Thank you.
    Cody Pomeray wrote: »
    ss. 4k & 4L Criminal Procedure Act 1967, as amended.
    I'm not legally minded but they seem to relate to summons, not appearing after being ordered/summonsed, etc. which is not the case, but thanks anyway. If i've read them wrong please correct.
    Forum Charter - Useful Information - Photo thread: Hardware - Ranges by County - Hunting Laws/Important threads - Upcoming Events - RFDs by County

    If you see a problem post use the report post function. Click on the three dots on the post, select "FLAG" & let a Moderator deal with it.

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  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Cody Pomeray wrote: »
    ss. 4k & 4L Criminal Procedure Act 1967, as amended.

    A reluctant witness should only be forced to attend on foot of summons as a last resort. In any event the question was could the statement be read to the court. I think the above sections only apply to indictment, the ordinary summons procedure as contained in the DC rules in any event would be adequate.

    The short answer to the OP's question is no. There are exceptions of course, but I can not see the example given coming under any exception.


  • #6
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Certainly, last resort. But if there is real anxiety about the witholding of important testimony, then I would see a summons as a useful nudge.


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  • #7
    Cass
    Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭Cass


    But if there is real anxiety about the witholding of important testimony, then I would see a summons as a useful nudge.
    Quite possibly, and i'd agree as i believe the statement is important.

    For a little perspective nothing is "set in stone". I was talking to the person involved (defendant) today, and he was told that it could be done, but i doubted it so said i'd ask.

    The witness is a friend of his, and was present at the time of the incident. He has never been in a court and is (in his own words) "afraid of ballsing it up". Having never had to be in court myself i can empathise so the only advice i could give was to relax, and stick to his statement. He might come through or he may not, but i said i'd ask incase he goes AWOL (or is it UA now?).


    It's a nuisance claim (basically an argument/war of words between neighbours), and i've told the person involved that the absolute worse case he is looking at is a possible fine, and bound to the peace/probation/etc. The defendant is 60 and not so much as a parking ticket in his life. Best case, it's dismissed.


    I'll stop there as i know i cannot discuss any ongoing cases due to technical contempt of court. Thanks for the replies.



    MODS - If i have already stepped over that line please edit or delete as appropriate.
    Forum Charter - Useful Information - Photo thread: Hardware - Ranges by County - Hunting Laws/Important threads - Upcoming Events - RFDs by County

    If you see a problem post use the report post function. Click on the three dots on the post, select "FLAG" & let a Moderator deal with it.

    Moderators - Cass otmmyboy2 , CatMod - Shamboc , Admins - Beasty , mickeroo



  • #8
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Cass wrote: »
    Quick question.

    I've done a search and while some threads cover the general topic they do not address my specific question.


    A defendant has been summonsed with breach of the peace and is being brought to court. He has got a witness to write out and sign a statement in his defence which the defendant has given to his solicitor. The witness for the defendant has gone to the defendants solicitor and gone through said statement.

    The court date is not too far off and the witness is showing nerves at the whole process having never been through it or even involved with Gardaí/Courts before. They are already talking off not turning up due to nerves, but have no sign of retracting their supporting statement for the defendant. Is it possible that the statement, made by the witness, can be used in court (read into it or however it's phrased) or must the witness turn up on the day? Is the statement moot unless the witness testifies on the day?

    The witness has not been summonsed by either the defendant's solicitor or the prosecution (again excuse the incorrect phrasing if i'm getting this wrong).


    Thanks in advance.

    The witness must attend and be available for cross examination.


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