a family member is on trial

[kevsinfo]

hiya all,

A family member is on trial for assault, and the guy who was victim said that it was a well lit area... however i think he sort of stitching my relative up. Well he says it was a well lit area at a night, yet a man who lives right by the scene of crime said its pitch black cant see a thing he walked that way several times per week at night, he cant see at all. now is it possible for this independant man to court half way through a trial and is his evidence any use? cheers

[shoota]

Is your friend the son of Confusingstuff?
http://www.theanswerb.../Question1119490.html

[kevsinfo]

yes its my nephew

[shoota]

I think that you would be best off telling your nephews solicitor of the evidence offered by the man and letting him decide.
It is possible to introduce new witnesses but the solicitor, who is in possession of all the facts, is the best one to decide if it is wise/necessary.
If he can reliably contradict evidence given by the victim it would be useful

[kevsinfo]

thanks, we didnt know if it was allowed to bring new witnesses ( sort of) he is just a witness of the area and quality of the area

[FredPuli43]

Yes, but move fast ! Witnesses do sometimes come forward and get called during trials because their existence, or their relevance, was not known to the defence before. I saw one case where the key defence witness only knew of the case, and that what he knew of the complainant was relevant, when he read a report, in the local newspaper,of the first day of the trial. The defendant was acquitted.

[kevsinfo]

thank you fred his mother has telephoned the solistor but to avail nobody is available till first thing monday morning the trial is set to re commence at 10.30 so guess she will have to try around 9am, thank you everyone

[kevsinfo]

does it matter that this new person only knows about the area that it is very poor visibility and that is does know the defendants family?

[cathfromsaron]

the barrister can use any evidence at their disposal when cross-examining!

go there and get photos?

[arfurdaley]

I am no expert but would guess that if new evidence has come too light the defence could submit the witness statement and the witness too the CPs and the prosecution. However just what kind of light there was and one statement against another I would not think would make much difference if there is other evidence too prove conviction.

[shoota]

A truly impartial witness would be preferable but anyone who can contradict prosecution evidence would assist, as long as what they say is actually true of course.

[kevsinfo]

well what this person says is true as everyone in the area states exactly the same, even myself but we thought a man that lives directly by the scene would be more reliable.

[shoota]

If he is just a neighbour rather than a family member or close friend then too much weight shold not be attached to the fact he is known by the family.

[kevsinfo]

also the defence solistor stated to the judge that " this is merely a mis-idenification case " as no other evidence except that of the victim saying it was my nephew

[cathfromsaron]

you would need to record the light and/or visibility professionally to present as evidence! what someone felt about that place would not matter!

[kevsinfo]

so a video recording done by myself tonight? and this independant witness?

[FredPuli43]

Yes, a video or photo might help corroborate the witness; ideally the judge and jury will have copies of photos and a screen and the means to see a video, but that can be sorted out at court. They can 'make do' with just the one ( as they have to do with exhibited objects!). Strictly speaking , a video or photo has to be agreed, as a true image, with the prosecution or proved by the person who took it giving evidence to that fact. There are ways around this problem sometimes. The solicitor can see to that.

The neighbour can say what the lighting is ; what street lamps etc.; He will be asked some questions about it, no doubt, but the solicitor will take a 'proof' (statement) from him and ask him to include that sort of information, to give counsel something to work with.

[EDDIE51]

Could you just get your soliciter to state that the area is very poorly lit and identification would be difficult ? thus casting dought on the witness ?

[kevsinfo]

we have several photos and a witness who lives close to scene of crime, so guess its who they believe is telling the truth now, but everyone in our town is talking about it and all saying impossible to see in that park

[EDDIE51]

Best of luck for the trial , just make sure the court knows that you dispute the statement by the witness that the area was well lit and tell them you have witnesses who live there and will give eidence that it is not well lit , but in fact very badly lit and very hard to see anything.