What Happens If A Prosecution Witness Lies In Court

[jason74]

Basically I was found guilty yesterday of a crime I did not commit. If I can prove the prosecution witness swore an oath on the bible and lied on two occasion, what can be done, will they be charged with perjury and what happens to the court case? I am due to be sentenced in 1 months time for this crime

[Peter Pedant]

jason - listen FredPuli - he can save you much much moolah
which you may well wish to spend on something other than another court case.

[jason74]

this couple have been attacking me via noise complaints from the council ever since I was arrested for this crime. Things like hovering during the day and talking and laughing etc. When asked by my barrister if they made the noise complaints they denied it under oath. Now I have spoken to the housing officer and she said it was them who made the complaints. But she cant give me documents confirming this. Barrister can?


Also when asked if a resident was living in the block during the alleged incident they also replied no. This was also a lie and the proof lies on wh councils records. You see the fact the resident was living in the block could severely damage there prosecution. This is why they lies. Also the noise complaint could hurt there case

[jason74]

also the noise complaints state that I played loud music till 5am in the morning. If this was true then surely other residents would have heard something. I have statements from two neighbors, one above me and one opposite that say they have not heard anything.

Anyway I must try to get some sleep, ill probably look at this in the morning and think what a mess but hey it was a great release for me

I don't know what will happen to my life if im sent to prison

[pravstar]

Jason 74, I sympathize with you, from what you are saying your barrister may not have helped you in defending your case properly. Any new evidence provided by the prosecution witness would have had to been passed to a legal person/s representing you.
If you can tell me a bit more about what specific crime you are being prosecuted for, I might be able to give you some advice, your perjury case against them as things stand won't hold up unfortunately.
The fact that you are due to be sentenced in 1 month makes me think it could be serious, but give me some extra info about what specific crime you are being sentenced, and tomorrow eve I will try and give you a honest opinion of where you stand.

Good Luck

[FredPuli43]

How is their making noise complaints of any relevance to the offence you were convicted of? It was a jury trial, so it can't have been trivial. If anything, it goes not to the issues in the case but to the general credibility of the witness(es), by the sound of it. Answers to questions going purely to credibility are generally final. Did you mention the complaints about noise,assuming you gave evidence? If so, the matter, for what it was worth, was before the jury.

[jason74]

pravstar thanks

I was charged with racial harassment, they are saying that i shouted out on a few occasion go back home polish It is just there word.

This block of flats is a dump and i know they are trying and have succeeded in improving there housing situation. It just amazes me that someone can say they heard something and the police courts believe them although they have no evidence. These noise complaints only started after the alleged incident. This was only strengthen there case. And the complaints are not proof that any noise took place its just hearsay. I have witnesses saying they heard nothing.

Why would they complain about hovering and such i have lived here for six years and they only complain later after alleged racial harassment. Also they said it had been happening for 2 years but i have a witness that says he has been with me when talking friendly to them, they never mentioned anything to me. The first i hear they got a problem is when im arrested. They say they was to scared to speak to me but i have proof they spoke to me within the 2 years

they said they saw me thru there spy hole but the first i heard was in court?
in front of the jury. My friend who i was with will testify nothing was said. As i say witness only produced a letter sating this

[jason74]

i mentioned before that they denied the noise complaints. Why would they deny them? and why would they say the other polish couple where not living at this bloke when infact they was friendly with them and knew that they was living here. These comments that someone i suspect no one said could have been directed at them. Also some of there evidence was not used and i think the reason being is because it would harm there case.

If i can prove that the other polish family was living here at the time then couldn't i argue that the comments may have been directed at them?

[FredPuli43]

It's not hearsay if the witness says he or she heard the noise. The judge or counsel would have been very quick to stop proper hearsay going in.

Forget what your friend might have said. Did you say it? Did you say that these people had suddenly started making false accusations about noise after they had made the false accusation of racial abuse?

[jason74]

so basically they lied about the noise complaints, these complaints where infact harassing me.

and they lied about the other polish couple that where defiantly living here and they would know that as they where friendly being of same nationality.

I swore on the bible as well but i told no lies they did is this fair?

[pravstar]

It seems as if the Police have taken the prosecutions complaint seriously as there were two of them, and you may have been on your own, so no witnesses.

I am really shocked and suprised how you have been represented, I would be fuming. Character witnesses from friends/ people living with you in the block would have made it really difficult for these people and the police to carry on with this case. Legal people on here will kill me for saying this, but I would have fought fire with fire and discredited them by any means. Did you get a Solicitor from the start, because if you did then I am really shocked. The noise complaints have to be dealt with by nuisance or asbo officers, so dont worry too much if you are obeying the law there.

Really sorry to hear things have gone so far, shed some light on what your legal representatives advised and did for you please

[jason74]

no i didn't say anything racial to this couple. they have not said they saw me say it just that they heard me.

these people did suddenly start making false accusations about noise after they had made the false accusation of racial abuse?

Nothing 5 years prior, talk about bolstering your case, the person directly above me has not heard music or anything. My other neighbor opposite had never heard anything. they was asked if they made the complaint and they swore no. bare faced lie

[pravstar]

I agree with Fred fully on the point did you make a complaint to the police that a false allegation had been made by X and Y after being arrested

[FredPuli43]

jno, it often happens that witnesses volunteer evidence in the box, which evidence has not been in any of their statements served by the prosecution. Defending, your first line is to ask why they hadn't mentioned it before; is it a recent fabrication ? You can ask for time to take instructions from the client so that you can put their version in cross-examination or so a witness can be found to deal with it, depending on what it is. In an extreme case, you may have to seek and adjournment or have the trial abandoned for retrial.

However, if the witness suddenly volunteers something so important as to make you consider the last courses, you'll probably think the first course is adequate. It is manifestly unlikely that the witness would not have given that, or been asked, when making statements for the court; it shouts malice and invention.

[FredPuli43]

I gather that you are not a 'legal person', pravstar :)

[jason74]

pravstar im more than fuming
thanks everyone for commenting and i will be posting updates and will probably be needing some more advise/release

If there is an expert in this field I'd be grateful if you could give me a little advice. I have been told that an appeal can only happen if a mistake of some kind has happened in the court room, like a piece of evidence was mistakenly read out. But im sure this spy hole business was wrong? i have never been questioned by the police about said event?

thanks again

[FredPuli43]

jason, I don't think you've answered my question: Did you give evidence and say that the story about noise was false?

[jason74]

pravstar no i didn't i wish i had didn't know you could. I just didn't believe that someone could say something happened and i get done with no proof. but then im not the smartest guy on the planet. That's all im guilty of

[jason74]

fred no because they only say the complaints are form residents in your locality. does not say they made them. But i have spoken to the asbo officer and she confirmed of the record that it was them. The proof is there for the barrister to get legally

[jason74]

i was not represented properly and i just want to say that it was legal aid

[jason74]

my barrister said the noise complaint thing could be a double edged sword??
the whole things stinks and i feel fitted up. Im just worried that this could and probably will happen to more brits in the future what with the gates opening up. If all they need to do is lie and make false accusations