Attacking Credibility of Prosecution Witness / Victim

[appollo11]

I'm facing trail for allegedly assaulting my soon to be ex-wife and in her statement to the police she has done her level best to paint me as a demonic, controlling, psychological bully - all lies of course.

I've compiled my own record of her behaviour over the years which includes drug abuse, financial dishonesty (CCJ, fraudulent credit applications, running up debts behind my back), adultery on a grand scale and paternity deceit (it turns out our eldest child isn't mine). In short she is completely and utterly dishonest.

As the trial will probably boil down to her word against mine, it seems an obvious strategy to try to discredit her as a truthful witness. I've read a little bit about introducing bad character evidence and it seems very cumbersome to say the least.

How would I go about introducing evidence to attack her credibility and what are my chances of successfully convincing the court that she's a liar and her testimony should not be relied upon?

[Rollo]

What do your lawyers say about it? Theay are the people you need to talk to.

[bednobs]

shouldn't you be talking to your solicitor about this? That is, after all what you pay them for and they will have seen it all before, and have a good idea of how it works

[appollo11]

I've sought legal advice but my solicitor and I are not yet at the stage where we've gone through the case in detail. I'm probably jumping the gun a bit, but I've never been in a situation like this and I'm understandably a bit anxious!

[Rollo]

That is understandable.

But if I were you I would not be take advice from people here who may know nothing about it, have no qualifications, and just tell you what they think.

Your solicitor is the person you need to liaise with.

[appollo11]

Sound advice - many thanks!

[paraffin]

Rollo:

1. I thought the point of Answerbank was self explanatory?

2. How do you know what qualifications people have?

[Rollo]

I know that the only qualification some certain people here have, is a Phd in idiocy and inanity.

If you want to answer appollo11's question, then go ahead.

[jno]

your solicitor will tell you this, but be as factual and unemotional about it as you can; judges are wary of wild-eyed accusations.

[paraffin]

Rollo:

A totally uncalled for jibe: do you include yourself in that description - "idiocy and inanity"?

[paraffin]

appollo:

Sorry about the "diversions" : Can I ask you what have you actually been charged with?
If interviewed, did you admit to any offences?
When are you due in Court, and is it Magistrates or Crown?
Are there any independent witnesses?
Are you on Bail? If yes, are there any conditions?
What are the extent of her injuries?
Have you passed your dossier of evidence against your wife to your solicitor yet and have you both sat down to review your case yet?

If you wish to discuss this any further, let me know.

[appollo11]

@paraffin

Yep, it's common assault by beating, only triable at a magistrate's court.

I've yet to enter a plea, but it's likely I'll be pleading not guilty, so the case will be adjourned.

I was interviewed under caution but did not admit to any offence.

The victim's injuries are slight - scratches, minor bruises, reddening of the skin etc. all arising as a result of my self defence. The injuries are too slight to warrant a charge of ABH, so there's no prospect of going before a jury at a crown court (more's the pity).

I am on bail, usual conditions of not communicating with the witness to prevent an obstruction of justice etc.

I have passed a dossier of evidence on to my solicitor but we've yet to review it. Again, I'm just anxious to find out in advance what the score is!

Many Thx!

[paraffin]

Hi again appollo:

Thanks for that. The bad news is that, on conviction, common assault is punishable by a maximum custodial sentence of six months, or a fine, or both. The good news is that, of course, the offence would first have to be proved which, if neither you nor your estranged wife has any other witnesses, may come down to how well the prosecution and defence cases are presented by the respective solicitors.

A possible negative for you could be the fact that you intend to plead not guilty. That's not a criticism, for if you honestly believe that her injuries were either accidental or as a result of you defending yourself, then go for it.

However, it will result in a stiffer sentence if you are convicted, and it will mean more stress for both of you, given that the pair of you will have to go through the angst of having your dirty laundry aired in public.

Sorry, but believe me you'll be far better off only having to go to Magistrate's Court instead of Crown. For a start, Crown Courts deal with more serious offences for which the punishments are in essence more severe. Plus the fact that you have a Judge directing twelve jurors, as opposed to usually three Magistrates being advised by the Clerk of the Court where sentences are more lenient. I know which I'd rather have.

Anyway, make sure also that you comply with your Bail conditions of not making contact with her. Everything should go through your Solicitor, then you don't leave yourself open to any accusations. And I think you'll need to forget this "bad character evidence" which I believe is applicable, I believe, to Crown Court cases?

[appollo11]

@paraffin

Many thx for the considered response!

[paraffin]

No probs.