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witness of work accident

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  • 26-07-2020 1:49pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I'm asking on behalf of a friend. There was an accident at his work a few years ago he was the one that found the person after the accident. My friend made a statement at work back then. Now the person that had the accident keeps sending him messages that my friend has to contact the victim's solicitor, otherwise he will be taken to court by force by garda based on 'bench warrant'. The accident took place a few years ago and these messages my friend is getting sound pretty bad and threatening. How does this work in Ireland, what should my friend do in such a situation? The person sending those messages sounds a bit threatening so my friend doesn't want to deal with him but at the same time is there any legal obligation on the part of my friend to do anything in this situation? I guess personal messages are not any warrants.


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    #2
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    I'd get my solicitor to contact his solicitor in writing to say he feels intimidated by the messages and will contact the gardai if they continue.


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    #3
    daheff
    Registered Users Posts: 5,846 ✭✭✭daheff


    question though,


    why would he not attend court to give evidence of the accident?


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    #4
    GreeBo
    Registered Users Posts: 27,115 ✭✭✭✭GreeBo


    Unless its a solicitor or the gards contacting him, tell them to ignore/block that number.


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    #5
    Strumms
    Registered Users Posts: 24,919 ✭✭✭✭Strumms


    If the victims solicitor wants to speak with your friend, they should be sending a letter. Ignore and block but save all the messages.


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    #6
    jimmycrackcorm
    Registered Users Posts: 14,331 ✭✭✭✭jimmycrackcorm


    The case would be a civil matter so how can a bench warrant can be issued to force a witness to appear.
    I'd be telling the guy to stop harassing and block his number, if he wants he can get his solicitor to write but I don't think a solicitor will be in any way be threatening bench warrants.


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    #7
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,065 Mod ✭✭✭✭Jim2007


    PeterDan wrote: »
    Now the person that had the accident keeps sending him messages that my friend has to contact the victim's solicitor, otherwise he will be taken to court by force by garda based on 'bench warrant'.

    The whole thing sounds a bit daft. This is not how solicitors are not in the habit of sending messages via third parties.... The first step would be for the solicitor to contact your friend and confirm that the person is willing to be a witness and the nature of your friends evidence.

    On the other hand, I don't see what the victim has to gain by telling your friend to contact the solicitor either... If the solicitor is planning an action and has excluded your friend as a witness then it would server no purpose either...

    And of course treatening one of your own witnesses with arrest etc... is not a good way to start a case as any good solicitor would advise the victim. There is always the possibility that the witness would just get into the witness box and say sorry it's been a long time and I can recall the incident at all.


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    #8
    Darc19
    Registered Users Posts: 3,817 ✭✭✭Darc19


    What a load of cobblers.

    I would guess that the op's friend is not Irish, so not sure what to do about the text.

    Reply that you went to the gardai and they say that sending such a message is seen as threatening behavior and asked if a complaint wanted to be made.


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    #9
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,065 Mod ✭✭✭✭Jim2007


    Darc19 wrote: »
    What a load of cobblers.

    I would guess that the op's friend is not Irish, so not sure what to do about the text.

    Yes that statement is a lot of cobblers. It makes no difference what the person's national is and as for their comprehension of the English language, you may discover it is well beyond your own.


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    #10
    dennyk
    Registered Users Posts: 1,659 ✭✭✭dennyk


    You can be compelled to give testimony as a witness, but it's not done via a warrant; it would be a summons or subpoena from the court instructing you to appear. If you receive one, you'll need to attend court at the listed date and time to give your testimony. Until you receive such a summons or subpoena, you are under no obligation to have anything to do with the case, and you are not required to speak with this person or their solicitor if you don't want to, except when being examined during the trial.

    You'll not be in any legal trouble if a subpoena is issued for you, and the guards aren't going to just show up to drag you off to court unexpectedly; you'll receive a written notice well ahead of time so you can arrange to be at court as required. Only if you ignore the summons or refuse to attend would there be potential legal consequences for you.

    See this article for more information on the process:

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


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    #11
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Most likely victim is claiming and their solicitor has asked a question victim feels best answered by witness. Hence victim contacting witness.

    If witness gave information to workplace via accident reporting they have no requirement to be involved anymore if they do not want to be.


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    #12
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    dennyk wrote: »
    You can be compelled to give testimony as a witness, but it's not done via a warrant; it would be a summons or subpoena from the court instructing you to appear. If you receive one, you'll need to attend court at the listed date and time to give your testimony. Until you receive such a summons or subpoena, you are under no obligation to have anything to do with the case, and you are not required to speak with this person or their solicitor if you don't want to, except when being examined during the trial.

    You'll not be in any legal trouble if a subpoena is issued for you, and the guards aren't going to just show up to drag you off to court unexpectedly; you'll receive a written notice well ahead of time so you can arrange to be at court as required. Only if you ignore the summons or refuse to attend would there be potential legal consequences for you.

    See this article for more information on the process:

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

    Great response.

    Here are the important bits from that article.
    The general rule is that everyone is competent and can be forced to be a witness.
    If someone in a court case wants to call you as a witness, you will get a witness summons or a subpoena. This is a simple court form that sets out:

    The name of the case
    The date and time that the case will be heard
    The court you must attend
    If you get a summons or subpoena, you must attend court on the date listed on the form. If you fail to do so, you can be imprisoned for contempt of court.

    So if I were you I'd reply to that guy saying "send me a witness summons to <my address>, and until then, **** off".


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