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Witness advise

  • 15-05-2014 8:07pm
    #1
    fluffity
    Registered Users, Registered Users 2 Posts: 4 ✭


    Myself & my partner will be witnesses to a murder in an upcoming murder trial (no date set as of yet)

    My partner witnessed the murder, I didn't but have been asked by the gardai to give a character reference for the accused.

    Just a few questions regarding this please as we really haven't a clue on procedures. We've no problem being witnesses but just want a general idea of what to expect.

    Firstly, the accused has admitted guilt to the gardai when questioned. The DPP is charging him with murder, If he doesn't change his plea, would a full trial still go ahead? As in a jury being present & would we still need to speak in court as witnesses?

    Secondly if the charges are dropped to manslaughter would we still need to be witnesses.

    The reason I'm asking is if he changed his plea to guilty of manslaughter he could lie & say he was provoked which wasn't the case.

    Thanks in advance for any help.


Comments

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


    If he pleads guilty to manslaughter then it's up to the DPP as to whether this will be accepted or if the charge of murder would stand in which case there will be a trial with a jury and your partner in all probability will be called as a witness. It would be standard practice that the senior counsel representing the state will have instructions as to whether a plea of manslaughter is acceptable (to the DPP) or not so when the case kicks off, you will find out pretty quickly if there is going to be an actual trial or not.

    Whatever happens, your own evidence as to character will probably not arise unless/until he is either found guilty of manslaughter by the jury as an alternative to murder (which in most cases the judge will allow them to bring in) or his guilty plea is accepted at which stage the judge will move to the sentencing procedure and they may call you. In the case of murder, there is a mandatory life sentence so your evidence will be worthless and you probably will not be called.


  • #3
    fluffity
    Registered Users, Registered Users 2 Posts: 4 ✭fluffity


    Thanks so much for your helpful reply. We're pretty clueless to court procedures. Just one other thing I'm not clear on, sorry of being dim, so if he pleads guilty to murder, does that mean there would be no trial?


  • #4
    GoodLord
    Closed Accounts Posts: 445 ✭✭GoodLord


    fluffity wrote: »
    My partner witnessed the murder, I didn't but have been asked by the gardai to give a character reference for the accused.
    why would they ask that?


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    fluffity wrote: »
    Thanks so much for your helpful reply. We're pretty clueless to court procedures. Just one other thing I'm not clear on, sorry of being dim, so if he pleads guilty to murder, does that mean there would be no trial?

    Yes, though because of the mandatory life sentence that's pretty rare as effectively he has nothing to lose so he might as well go for a trial in the hope that the jury brings in a verdict of not guilty of murder but guilty of manslaughter which in most cases the judge will allow them to do.


  • #6
    fluffity
    Registered Users, Registered Users 2 Posts: 4 ✭fluffity


    GoodLord wrote: »
    why would they ask that?

    MOD: deleted pending review -


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  • #7
    fluffity
    Registered Users, Registered Users 2 Posts: 4 ✭fluffity


    coylemj wrote: »
    Yes, though because of the mandatory life sentence that's pretty rare as effectively he has nothing to lose so he might as well go for a trial in the hope that the jury brings in a verdict of not guilty of murder but guilty of manslaughter which in most cases the judge will allow them to do.
    Great, thanks so much again. You've been more than helpful at putting our minds somewhat at ease. The not knowing anything was making us anxious.


  • #8
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Moderator: OP, it's not appropriate to discuss a case that is ongoing before the courts publicly. It is odd that the Gardaí have not already warned you not to discuss the case publicly.

    This is dealt with in the forum charter here: http://www.boards.ie/vbulletin/showthread.php?t=2057083888

    Rule 2 is of particular importance in this regard: http://www.boards.ie/vbulletin/showpost.php?p=87523044&postcount=3

    For more information, see the wikipedia article here: http://en.wikipedia.org/wiki/Sub_judice

    There is more information available in relation to this rule if you google the terms "contempt of court" and "sub judice".

    Thread closed.


This discussion has been closed.
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