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Statement withdrawal

  • 25-01-2021 7:58pm
    #1
    kapisko1PL
    Registered Users Posts: 277 ✭✭


    During Christmas time I visited my family over in a different county when the law allowed to do so. Long story short my neighbor turned aggressive towards me one day and called me out in public saying he is going to hurt me while showing me his middle finger (whether he meant that or not I don't know but I felt threatened at a time and it's something unusual to say to a person you barely know). My brother was out with me too who witnessed the whole thing. At the time it felt like a fight or flight. I have reported the case to the Gardai which took the matter seriously and now I have to attend court in few months as an injured party. Gardai rang me and said that the neighbor had been very hostile towards them when they paid him a visit and also declined to make a statement. I was aware of the fact that the case might end up in court but looking at it from logistics point of view I don't think the case is worth time in court. I was acting scared of him that's why I made the statement.

    What would happen or is it even possible to withdraw the statement without any consequences?


Comments

  • #2
    peter4918
    Registered Users, Registered Users 2 Posts: 348 ✭✭peter4918


    “I was acting scared of him that's why I made the statement”

    What do you mean by acting scared?


  • #3
    baldshin
    Registered Users, Registered Users 2 Posts: 1,382 ✭✭✭baldshin


    You can contact the investigating Garda and give a negative statement. If the case is entirely dependent on your initial statement, providing a negative statement will likely have the case struck out. Be prepared for the Garda to possibly be a bit annoyed though, having put in the work and managing to get the case to court for you.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    mod
    You can always withdraw a statement. May affect your credibility with AGS if you have to contact them again


  • #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    nuac wrote: »
    mod
    You can always withdraw a statement. May affect your credibility with AGS if you have to contact them again

    Quick question as this posting style is very different to other sub forums.

    You are giving your input as a normal poster, why does it need to be bolded and highlighted that you are a mod. I thought doing what you just did was for cases where you are acting in the capacity of a moderator. Not clear why you needed to post like this as the thread is ticking away just fine without need for any mod level input?

    Does this mean topic is now closed as you posted this?

    Just curious


  • #6
    GreenRdBoy
    Registered Users Posts: 24 ✭GreenRdBoy


    nuac wrote: »
    mod
    You can always withdraw a statement. May affect your credibility with AGS if you have to contact them again
    You cant always withdraw a statement. If a witness summons is issued, then occasionally you are directed to attend the court and take the stand and inform the judge you are withdrawing your complaint. Judge might query why but normally case is dismissed.


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  • #7
    kapisko1PL
    Registered Users Posts: 277 ✭✭kapisko1PL


    peter4918 wrote: »
    “I was acting scared of him that's why I made the statement”

    What do you mean by acting scared?

    What I mean is that when he threatened me I was pretty concerned that's why I went ahead and reported it. By no means I mean acting, in a way of making a false statement. Apologies.


  • #8
    kapisko1PL
    Registered Users Posts: 277 ✭✭kapisko1PL


    baldshin wrote: »
    You can contact the investigating Garda and give a negative statement. If the case is entirely dependent on your initial statement, providing a negative statement will likely have the case struck out. Be prepared for the Garda to possibly be a bit annoyed though, having put in the work and managing to get the case to court for you.

    That's what I thought. I think that I'd go ahead with it regardless. Didn't mean to waste resources and the guard is very sound.

    Could anyone possibly give me a glimpse of what the court case looks like? How long could I expect it to last?


  • #9
    kapisko1PL
    Registered Users Posts: 277 ✭✭kapisko1PL


    nuac wrote: »
    mod
    You can always withdraw a statement. May affect your credibility with AGS if you have to contact them again

    Ok great thanks for the info. I think I will go ahead with it regardless but have never been to court so not sure what to expect!


  • #10
    Irishphotodesk
    Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭Irishphotodesk


    kapisko1PL wrote: »
    Ok great thanks for the info. I think I will go ahead with it regardless but have never been to court so not sure what to expect!

    The unofficial version is that you arrive at the court, normally you are told be there for 10/10.30, at the moment due to covid only the people involved are permitted into courtrooms at the time of their case, so you wait outside the courtroom until the case is called.
    You wait, wait and wait .
    When the case is called you go into the courtroom, sit down and wait, the defendant will be asked if they plead guilty or not guilty, then the Garda will be called to give evidence, you will be called to give evidence, the solicitor for the defendant will ask questions.
    Judge will ask if defendant wishes to give evidence, if so, judge hears their version of events, then judge makes their decision on if the person is guilty or not and imposes sanctions (I'm guessing that unless they have priors it will be a suspended sentence).

    It's possible that if/when you turn up to court the matter is adjourned multiple times before it's eventually heard.... So you may need to turn up a few times.


  • #11
    kapisko1PL
    Registered Users Posts: 277 ✭✭kapisko1PL


    Irishphotodesk wrote: »
    The unofficial version is that you arrive at the court, normally you are told be there for 10/10.30, at the moment due to covid only the people involved are permitted into courtrooms at the time of their case, so you wait outside the courtroom until the case is called.
    You wait, wait and wait .
    When the case is called you go into the courtroom, sit down and wait, the defendant will be asked if they plead guilty or not guilty, then the Garda will be called to give evidence, you will be called to give evidence, the solicitor for the defendant will ask questions.
    Judge will ask if defendant wishes to give evidence, if so, judge hears their version of events, then judge makes their decision on if the person is guilty or not and imposes sanctions (I'm guessing that unless they have priors it will be a suspended sentence).

    It's possible that if/when you turn up to court the matter is adjourned multiple times before it's eventually heard.... So you may need to turn up a few times.

    And why would it be adjourned? The defendant not turning up or what?


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  • #12
    Irishphotodesk
    Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭Irishphotodesk


    kapisko1PL wrote: »
    And why would it be adjourned? The defendant not turning up or what?

    all manner of reasons - everything from evidence not fully collected, availability of witnesses, the judge may have run out of time in their working day, it may be put back for a report or assessment on suitability for community work etc.

    it happened to me before christmas - everyone was there but judge said he wasn't starting a hearing at 2.30pm so he put the matter back to a date (i think February) so everyone has to come back another day.


  • #13
    kapisko1PL
    Registered Users Posts: 277 ✭✭kapisko1PL


    Irishphotodesk wrote: »
    all manner of reasons - everything from evidence not fully collected, availability of witnesses, the judge may have run out of time in their working day, it may be put back for a report or assessment on suitability for community work etc.

    it happened to me before christmas - everyone was there but judge said he wasn't starting a hearing at 2.30pm so he put the matter back to a date (i think February) so everyone has to come back another day.

    Bit of an inconvenience!


  • #14
    FishOnABike
    Registered Users, Registered Users 2 Posts: 4,549 ✭✭✭FishOnABike


    It's not unusual for the first hearing to be either appointing a solicitor a request by the defendant's solicitor for legal aid to be granted and then ask for the book of evidence to be made available by a certain date and a date after that to be set for hearing the case. When the case is heard sentencing is often adjourned to another day, possibly for probation or other reports. Then sentencing is on a third day.

    All going well I'd assume the matter would take three days in court during which one could be waiting from 10:30am until whenever the few minutes of the case is actually heard, which could be anytime until the end of the day's sitting.


  • #15
    kapisko1PL
    Registered Users Posts: 277 ✭✭kapisko1PL


    I've asked the Gardai if I should hire someone to this case (i.e. a lawyer or someone) but he said there's no need since I am the "injured" party here. Not really sure what I will have to do in court, the only evidence I do have is my statement, my brother as a witness, a CCTV recording that the guards have taken as well as the guards telling me that the neighbor was quite hostile and refused to make a statement.

    I know this is not an advice forum but was anyone here before in a similar situation?


  • #16
    baldshin
    Registered Users, Registered Users 2 Posts: 1,382 ✭✭✭baldshin


    kapisko1PL wrote: »
    I've asked the Gardai if I should hire someone to this case (i.e. a lawyer or someone) but he said there's no need since I am the "injured" party here. Not really sure what I will have to do in court, the only evidence I do have is my statement, my brother as a witness, a CCTV recording that the guards have taken as well as the guards telling me that the neighbor was quite hostile and refused to make a statement.

    I know this is not an advice forum but was anyone here before in a similar situation?

    You may not have to do anything at all other than appear in court. If something is required of you, or you have to give evidence, there will usually be a court sergeant/presenter for the DPP who will guide you on everything before the case. Certainly no need for a solicitor, the Gardai are representing on your behalf.


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