Gardai statement

Coinsguy

Long story short. Someone reported something to the gardai and mentioned my name as a witness.

I've reasons to not want to be involved in this, and told the gardai this. However the gardai are saying that I must at least make a statement saying that I do not wish to give a statement and go to the station to do this.

Is this correct legally? Surely I can just say "no thanks bye". I was told my name wouldn't be passed on to anyone if I gave a statement saying I won't make a statement (sounds stupid) but that's probably not even true. I'm lost?

source

It's basically a box ticking thing, they must at the very least attempt to take a statement from a witness, if the witness is uncooperative then they will seek what's called a negative statement.

Basically if the defence team see your name in the Guards notebook and go looking for your statement but can't find it then the guard can show that you decided to make one.

If they don't have that the defence can intimate that your statement wasn't taken or purposely left out because it contradicted the case the Gardai have presented.

Coinsguy

source wrote: »

It's basically a box ticking thing, they must at the very least attempt to take a statement from a witness, if the witness is uncooperative then they will seek what's called a negative statement.

Basically if the defence team see your name in the Guards notebook and go looking for your statement but can't find it then the guard can show that you decided to make one.

If they don't have that the defence can intimate that your statement wasn't taken or purposely left out because it contradicted the case the Gardai have presented.

Thanks. I'm still a bit confused though, by making my statement that I don't want to be involved I assume my name won't be public on the case or whatever?

Peregrinus

If there is a court case, no-one can guarantee that your name will not be mentioned. Another witness, for example, may give a statement which mentions your name as someone who was present (or whatever), or you may be mentioned in oral evidence at the trial.

There is nothing you can do to prevent this.

by8auj6csd3ioq

If there is a court case, no-one can guarantee that your name will not be mentioned. Another witness, for example, may give a statement which mentions your name as someone who was present (or whatever), or you may be mentioned in oral evidence at the trial.

There is nothing you can do to prevent this.

but are you obliged to make a statement - even a statement to say you do not want to make a statement? I don't think so

by8auj6csd3ioq

If there is a court case, no-one can guarantee that your name will not be mentioned. Another witness, for example, may give a statement which mentions your name as someone who was present (or whatever), or you may be mentioned in oral evidence at the trial.

There is nothing you can do to prevent this.

but are you obliged to make a statement - even a statement to say you do not want to make a statement? I don't think so

Peregrinus

There are some specific circumstances in which you are obliged to give specific information to the guards - in certain circumstances, for example, you are bound to give your name and address. But, no, the default is that you are not obliged to co-operate with garda investigations, or to give statements, even statements that say "I don't wish to give a statement".

Ironically, though, that could work to make it more[/u]likely that your name will be mentioned in the case. The prosecution will tell the defence that you are believed to have been a witness to the crime, and that you declined to co-operate or to give a statement. The defence may will see an opportunity to profit from this, by raising it in court and insinuating that maybe your reticence is because you, rather than their client, were the perpetrator of this crime, or at any rate that you were involved in some murky and mysterious way which raises a reasonable doubt about the guilt of their client.

Captain Obvious

Even if a witness doesn't give a statement they can still be summonsed to court as a witness.

Fred Swanson

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Fred Swanson

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