Being called as a witness

um7y1h83ge06nx

Hi everyone,

I got a letter asking me to come to court as a witness. The incident surrounding this happened about a year ago and as it didn't impact me much I haven't been thinking too much about it and hence don't think I can even backup fully a statement I gave months ago.

Is there any way I can get out of this so I can avoid wasting my time?

Rolllo

From citizens advice page:
The general rule is that anyone who is competent can be compelled (forced) to give evidence in a criminal or civil case.

Victor

You are entitled to payment for your time and expenses. This may focus the minds of the party calling you.

Mohammed Tangy Ghost wrote: »

hence don't think I can even backup fully a statement I gave months ago.

Was this written down at the time and signed by you? Did you make a false statement?

Fred Swanson

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Diamond Doll

I don't think you can get out of it, but what I would advise is that you inform the legal team of the side which have called you that your memory is unclear, and that you're not confident you'll be able to stand by your original statement that you made back then.

If they know you won't stand up well under cross-examination, they'll be more likely to rely on your written statement rather than wanting to have you physically there.

All depends on the type of case of course.

um7y1h83ge06nx

The statement was my very best recollection at the time, it's just not something that's made me lose much sleep since so if I was asked to recall it now it I just wouldn't be as sure or as detailed.

In the grand scheme of things it's not very serious, it's being handled at the district court level, not even sure what the person was exactly charged with in the end.

I'm a little surprised that they are using witnesses in a district court case, thought statements would suffice, but I'm not very familiar with court thankfully.

Fred Swanson

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Ken.

When I had to go to court after witnessing something I rang the Garda and told him I was a bit hazy. He said it often happens and that I was to turn up an hour early to meet him so I could re-read my statement.

The reason you have to be there is that the defendant has a right to question you. If you don't turn up they could have your statement thrown out and the case dismissed. In my case the guy was going to plead not guilty but once they knew I was there he changed his plea and I got to go home with a cheque for €150 for the day off I had to take. They tacked it on to the guys fine.

Fred Swanson

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Usernemises

Are you being asked or are you being summoned as a witness

Ken.

Fred Swanson wrote: »

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Oh yeah, the Garda told me if I was put on the stand one of the first questions the DPP would ask would be "HAve you seen this statement since you gave it x time ago". He said that someone years ago tried to challenge it to a higher court but got their arse handed to them and now no solicitor challenges it.

pudzey101

as ken said above I had to go to court after my house was burgled and told him I was unsure of times/events etc and i was stressed out . He said come an hour or 2 earlier hel go through my statements and refresh my memory best he could. you must go if you are called as a witness , you might not even be called to stand to give your events at the end of the day !!

Typer Monkey

This is so common and incredibly frustrating for Gardai. I take it you reported a crime to a Garda who then investigated the incident, found the culprit, arrested them, charged them and prepared the necessary paper work and court appearances to take this as far as a hearing in the district court. Then the injured party can't be arsed to follow through with the investigation that THEY initiated by reporting an incident to the gardai in the first place.

Your evidence is required to prosecute the case, there is no case without it and the charge will be struck out, the person will get away with whatever they did and all the work that the Gaurd and the state have put into the case thus far will be wasted.

Just go to court and tell the judge what happened..that's all you have to do. You initiated this prosecution so follow it through. It's not a 'waste of your time' :mad:

amcalester

Typer Monkey wrote: »

This is so common and incredibly frustrating for Gardai. I take it you reported a crime to a Garda who then investigated the incident, found the culprit, arrested them, charged them and prepared the necessary paper work and court appearances to take this as far as a hearing in the district court. Then the injured party can't be arsed to follow through with the investigation that THEY initiated by reporting an incident to the gardai in the first place.

Your evidence is required to prosecute the case, there is no case without it and the charge will be struck out, the person will get away with whatever they did and all the work that the Gaurd and the state have put into the case thus far will be wasted.

Just go to court and tell the judge what happened..that's all you have to do. You initiated this prosecution so follow it through. It's not a 'waste of your time' :mad:

No mention in the OP that he initiated the case, don't know where you're getting that from.

Typer Monkey

I'm reading between the lines but if I'm wrong I apologise to the OP and retract my rant but I still think he should go and give evidence. He made a statement after all. Unfortunately it was a rant born of experience, frustration and a lot of wasted time and effort!

Ken.

Typer Monkey wrote: »

I'm reading between the lines but if I'm wrong I apologise to the OP and retract my rant but I still think he should go and give evidence. He made a statement after all. Unfortunately it was a rant born of experience, frustration and a lot of wasted time and effort!

I get your frustration. When I told my bosses I needed the day off they tried to get me to not go incase the companies name got mentioned(it wouldn't have). I told the Garda about it and he said "ask them for it in writing and I'll do your boss for hindering a prosecution". I said it to the boss and never heard another word. The Garda was so happy I turned up. He said a lot get thrown out because witnesses don't bother turning up.

um7y1h83ge06nx

It ended up being a bit of a strange one.

When we rang the Gardai it was to report a RTA and that there was debris on the road, parts of the other parties car struck ours. For us, it was really to have the incident documented so I would be covered with regards insurance. By the time the Gardai turned up we noticed the other party had a lot more going on, my partner intercepted the Gardai as they got out of their car and mentioned there was some illegal activity going on.

After that it was up to the Gardai to do what they saw fit, I didn't initiate any case and was happy out when I had my car sorted and wasn't out of pocket.

So the funny thing is I don't even know what the other party is being charged with, something under the Road Traffic Act or something to do with what happened just afterwards or maybe both.

Typer Monkey

Sounds like your evidence is required to prove driving as the gaurd didn't witness the other party driving. Evidence of driving is required to prosecute many offences under tbe road traffic act. Why don't you ring the gaurd and have a chat about it?

Also, were you summonsed to appear or did you just get a letter requesting your attendance? A summons is a legal obligation to attend.