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Giving evidence from outside jurisdiction

  • 23-03-2019 02:37PM
    #1
    StreetLight
    Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭


    Is it possible for the complainant in an Irish criminal case to give evidence via video link after emigrating? Or are they required to be physically present in the jurisdiction?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Generally the prosecution witnesses have to be present in court so that they can be cross-examined, their demeanour can be assessed, etc, etc. It would be highly unusual for a prosecution witness to give evidence by remote link, but the court could allow it if there was a compelling reason.


  • #3
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,350 ✭✭✭NUTLEY BOY


    In a criminal matter can evidence be taken on commission if there is good reason for the witness not to be able to attend court in person ?


  • #4
    brian_t
    Registered Users, Registered Users 2, Paid Member Posts: 7,176 ✭✭✭brian_t


    Is the complainant not more important to the case then just a witness.


  • #5
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    NUTLEY BOY wrote: »
    In a criminal matter can evidence be taken on commission if there is good reason for the witness not to be able to attend court in person ?
    The defendant is entitled to be confronted with his accuser, so evidence on commission is generally regarded as very unsatisfactory in criminal proceedings. You can get the court to approve it, but it requires extraordinary circumstances, and it would always involve the defence team going out to take part in the commission, not a locally-appointed lawyer. Other considerations aside, it will usually be cheaper to bring the witness home than to send a commission out to take his evidence.


  • #6
    GerardKeating
    Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭GerardKeating


    StreetLight wrote: »
    Is it possible for the complainant in an Irish criminal case to give evidence via video link after emigrating? Or are they required to be physically present in the jurisdiction?

    The current "Mr Moonlight trial" had a witness given evidence from the states last week..


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  • #7
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    GerardKeating wrote: »
    The current "Mr Moonlight trial" had a witness given evidence from the states last week..
    Yes, but it's an extradition hearing, not the trial of a criminal charge.


  • #8
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,350 ✭✭✭NUTLEY BOY


    brian_t wrote: »
    Is the complainant not more important to the case then just a witness.

    The complainant is just a witness like anyone else.
    The complainant does not have any superior status by virtue of being a complainant.
    The complainant might be a vital prosecution witness but that is a different matter.

    The complainant is not a witness in "their" case as is sometimes thought.
    The complainant is not a party to the criminal proceedings but is simply a prosecution witness in e.g. DPP -v- Decco Defendant.
    The DPP and Decco are the actual parties to the criminal litigation.


  • #9
    GerardKeating
    Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭GerardKeating


    Peregrinus wrote: »
    Yes, but it's an extradition hearing, not the trial of a criminal charge.

    No, it's a murder trial i thought ?


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