Court Summons (third time) not going to show

Rotting Carrot

It's to do with a minor crime that I sort of witnessed in March 2020. On the day I gave the CCTV clip of it to the guards. I got a call 3 months later from a guard to make a statement. When I met the guard she told me that the culprits accused admitted to the crime and that one of them was in prison.

I'd almost forgotten all about the incident when I got contacted in December about the court case relating to this. Some clerical dude on the phone said "if you don't show a warrant could actually be issued for your arrest" followed by "not I'm not saying that will happen"! And on the day of it I had to take 3 hours off work during what was my first week of a new job. The prosecuting guard really made me feel not needed while I waited around for the hearing. After all that the case was postponed to January. She said "we were all waiting around for ages too... it's a flawed system". I'm pretty sure the defendants hadn't even shown up anyway and that that was the real reason it was put off. I got a letter some time in January about the new case and ignored it.

Some time a few weeks ago I get another letter... throw it in the bin without looking at it properly. A few days after this letter I get a phone call from my local Garda station. The guard there says he can either drop the summons to me or I can pick it up. Says he doesn't know anything about the case and that he's just been giving the task of passing it on.

So the case is on April 8th. Part of me wants to call the guard to ask her if I'm really needed, but I'm almost certain she'll say I am, and then I'll definitely have no excuse for not showing.

Sierra Oscar

I take it you have been witness summonsed? If the matter has gone to hearing you are likely required to provide evidence relating to you providing CCTV to the Gardaí, which is probably a crucial part of their case.

The prosecuting Garda is probably covering their arse by witness summonsing you. If they don't and you fail to show up and the case falls as a result then it's for them to explain to a judge why you weren't summonsed. If I were you I would give them a call and suss out how likely it is the case will actually go to hearing on the day.

A judge can issue a Bench Warrant for failing to appear on foot of a witness summons, but it rarely happens. You could attend and explain to the Judge that you are not in a position to attend again if the matter is put back to another date. There are provisions in law to allow witness statements to be admissible as evidence in lieu of having to give direct evidence at hearings. Section 21 of the Criminal Justice Act, 1984 sets out the criteria for this. Discuss this with the Garda and ask them to consider it in your case if you are genuinely really in difficulty in attending court.

Rotting Carrot

Sierra Oscar wrote: »

I take it you have been witness summonsed? If the matter has gone to hearing you are likely required to provide evidence relating to you providing CCTV to the Gardaí, which is probably a crucial part of their case.

Now that I think about it, I didn't and over the CCTV for that case. The garda station never answered that day. It was the security guard who was in the next day who took care of all that.

Even more reason for me not to show up! I'll try call that guard so. The phone call probably won't end well.

JustAThought

I was in exactly the same position as you a few years back. New job, witness to a messy motorbike accident a frw years back, gave my name as a witness and forgot about it. Several years later got a call from a solicitor & was told I had to appear to testify. Told new boss who was a total witch and she sid if I went she would fire me. Felt bad for the motorcyclist so I told the solicitor and asked if I could make a sworn statement or testify via webcam. They are still getting over the shock of a modern suggestion like that. Next thing I got a witness summons in the post - which said I had to make myself available for every day of the trial which could last 10 days or I could be prosecuted. Not very happy with this I showed it to my boss who again repeated that of I went she would fire me. I was in a management role and could have made up the planning & ops time missed after hours.

Trundled along to court - total chaos, everyone galloping around corridors not knowing what courtroom the judge would be sitting in or when the case would be called. Wasn’t needed the first afternoon. Had to go back the second morning - delays delays until midday when our case started - judge got started with testimony and then wanted to stop early for lunch. I got the solicitor to explain my problem and what my boss had threatened (given this was day 2) and if I could make my testimony & be done before lunch. Judge refused and told me to tell the boss that I had to be there. I was left farcing around ALL day and was only used in the afternoon of day 3. In mad panic by that stage & had kept boss updated. Went back to work by taxi at about 4:30 on the third day with signed court papers to say I’d been there. Boss fired me.

To add to the horror the case was then appealed a year or so later by which time I’d got another high pressure job. I got a letter to advise me I would be needed again and the next day I put a VM on my phone saying I’d taken extended leave from work to travel and if anyone wanted help with historic work cases to ring the main work line. Didn’t hear from them again. Horrorstory.

For the first trial I wasn’t in the job long enough to sue and by that stage from what I’d seen of the boss I didn’t want anything to do with that company or to put up having to work for an unreasonable utter b**** and deal with ll her hysterics, screaming and antics. It wasn’t worth the fight.

Lesson learned thou. Nobody gives a **** about the jury or witnesses in a trial - you are thrown to the wolves and unless you have very deep pockets to sue you are on your own. I’d help out again because there for the sake of God go I, but I’d be very very wary of getting involved in a criminal gang trial - you would be eviscerated by them. Both sides would have your name, address & contact details - no to mention onowing where you lived and there is no such thing as police protection for witnesses - not before, not after, and not after the hours of the court trial working day have ended.

OP - I’d explain to your boss and go. I’ve seen jurors read from the court and punished/held in contempt for not turning up - why should you be crimanalised for being a witness?

Victor

You are entitled to your expenses, including lost wags.

richieb

witnessed an assault about 10 years ago, golf clubs were being used, rang the cops reported it, few days later they rang me and asked for a statement, next immediately i started getting silent calls then threats, told the cops they done nothing, told cops they already had enough witnesses and my statement would be the same as the others, they were having none of it, threats from the cops of summons etc.i got on to a solicitor and we went to local cop station, more threats in front of solicitor so i made a statement, court date was fixed and summons dropped to my house by a patrol car, went in with my solicitor and dick head as he was , had a folder by his side with my name on it, all the crims involved saw the folder and because they were furnished with the witness statement with my name etc not redacted were able to put a face to the name, they pleaded guilty got a 900 euro fine, i ended up paying 800 to my solicitor, never again will i help the cops, lesson learned, they are as bad as the crims

Rotting Carrot

richieb wrote: »

witnessed an assault about 10 years ago, golf clubs were being used, rang the cops reported it, few days later they rang me and asked for a statement, next immediately i started getting silent calls then threats, told the cops they done nothing, told cops they already had enough witnesses and my statement would be the same as the others, they were having none of it, threats from the cops of summons etc.i got on to a solicitor and we went to local cop station, more threats in front of solicitor so i made a statement, court date was fixed and summons dropped to my house by a patrol car, went in with my solicitor and dick head as he was , had a folder by his side with my name on it, all the crims involved saw the folder and because they were furnished with the witness statement with my name etc not redacted were able to put a face to the name, they pleaded guilty got a 900 euro fine, i ended up paying 800 to my solicitor, never again will i help the cops, lesson learned, they are as bad as the crims

So what part of the body was the person being assaulted was taking the he golf club head? And were they okay afterwards?

nuac

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