witness compensation for loss of earnings at court

horsebox7

Hi,

I reported a road traffic incident to the gards and now they want me to appear to give evidence in court. I will need to take a day off work to do this as I will need to be available for the full day. I asked the gard if there would be any compensation available for my loss of earnings for the day but unfortunately he said no.

Has anybody any experience of this?

Thanks

Fred Swanson

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nuckeythompson

Up to the judge on the day

Fred Swanson

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BaronVon

Doesn't happen often, but you are entitled to them. There are limits to what can be paid. Get back onto the Guard.....

Witness expenses
As a court witness, you may be entitled to witness expenses.

If you are a witness for the prosecution in a criminal trial, you should tell the investigating Garda who is dealing with the case what your expenses are. For example, you may miss out on wages for the days that you are in court and you may incur travel expenses to get to court.

The Garda will then make an application to the judge that witness expenses should be paid and if the judge makes an order, you will be given a cheque for your expenses.

http://www.citizensinformation.ie/en/justice/witnesses/how_you_are_called_as_a_witness.html

Fred Swanson

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nuckeythompson

Fred Swanson wrote:

No, it is not up to the judge that a witness is entitled to expenses.

Yes it is, I was a witness and the garda requested on my behalf

horsebox7

Thanks everyone. I don't know if I'm entitled to expenses in a case of a road traffic incident that I reported? Are u only entitled expenses in this situation? Is this considered a criminal case. They are looking to convict for driving without due care and attention.

Fred Swanson

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NUTLEY BOY

Fred Swanson wrote: »

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Spot on.

Caliden

horsebox7 wrote: »

Thanks everyone. I don't know if I'm entitled to expenses in a case of a road traffic incident that I reported? Are u only entitled expenses in this situation? Is this considered a criminal case. They are looking to convict for driving without due care and attention.

Doesn't matter if you reported it.

It is the Gardai who are pursuing the case. If they are looking to convict then it is a criminal case.

horsebox7

I finally got back on to the garda I was dealing with and asked them a second time about being entitled to claim expenses for loss of earnings for the day but they strongly insisted I was not entitled to anything I asked to speak to their senior about this and was simply told he wasn't available. I then asked when their senior would be available and then they got somewhat agitated and restated in an assertive manner that under no circumstances would I be entitled to any expenses.

I am now kind of at a loss. Is there a third party that can intervene on this?

case_sensitive

They want to convict, they need you to testify. I'd be inclined to demand to be summonsed and then you'd be entitled to expenses by other account?

Have a look at the Statute book, Citizens Information is more readable but the laws are all up to be read.
This isn't applicable in your case but it does reference allowances and expenses of witnesses. Have a look for something more relevant?

http://www.irishstatutebook.ie/eli/2015/act/40/schedule/1/enacted/en/html

Notwithstanding the provisions of paragraph 1, the requesting State shall bear:

(a) the fees of an expert witness;

(b) the costs of translation, interpretation and transcription;

(c) the allowances and expenses related to travel of persons pursuant to Articles 22 and 24;

(d) the costs of establishing a video link and costs related to the servicing of a video link in the requested State; and

(e) the costs of an extraordinary nature;

horsebox7

Thanks. I'll try again armed with all this material.

Fred Swanson

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