evidence

[tango]

hi all my case is up for trail on dec 13th and i have had 2 new witnesses come forward last week as the female told them she didnt want it to go this far and she only wanted her id back, 1 of these is a independant witness altho he is a doorman i do not know him. my question, is it to late for these witnesses to be used as i only have a week and a half before my trail. if so how will my solicitor disclose this to the cps in such a short time

[worriedfather]

Tango
I cant see why you should not be able to use this evidence, i suggest that you contact your solicitor pronto, RF could probably give you a better answer

[tango]

already done and statments being taken next week, 1 of the witnesses i dnt no but now work for my old company so will he be classed as independant. will the disclose this on day of trail or before?

[Saffron]

Sounds like a positive development Tango!
I can't see any reason why this new evidence shouldn't be admissible. I has a direct bearing on the case, and has only just come to light.
I would urge your sols NOT to disclose this to the prosecution unless they have a legal obligation to do so.
It is imperative that your sol interviews and takes sworn statements from these people. Do you know whether they are prepared to appear in court as defence witnesses? From what you have said it sounds as though they could be extremelty compelling defence witnesses.

Good luck for the 13th. (how ironic is that?!) Please keep us informed.

[tango]

they are doing a signed proof of evidence and have said they will attend court to my sol when they rang up to arrange appointment. do we not have to deisclose stuff to cps. in total i have 8 witnesses 4 heard the female say she will set me up and these 2 aswell. im staying confident but im sure it will be hell when it come to trail. i just pray the judge throw it out as its starting to get to me now.
is there anyway i can sue the female for lose of earnings as i have had to sell my motorbike and everything in order to stay afloat with bills?

[RFLH]

I think you may be spitting in the wind on that Tango - you'd have to do it as a civil case and you'd end up paying more than likely - if she has no money you'd not get a bean anyway.

Its just more injustice heaped on the shoulders of the falsely accused.

[tango]

thanks for your replys so far i just have a few questions as i wanna be fully prepared for the 13th. once the prosucution have gave there evidence will it be me or the defence witnesses that go first, also do we have to disclose everything to the crown on day of trial and could this new evidence stop the crown offering evidence?

[NOHOPE]

i have just been reading over all your posts and i cant beleive you actually got charged. whast the hell is this country coming to. good luck in court, im sure the people on here who knows the answers to your questions will answer soon.

[tango]

I can't believe I got charged either but I dnt trust anyone now, the police failed me in a massive way, they didn't contact the witnesses I put to them in interview and all my witnesses my solicitor have had to chase as the police have not done nothing. I just pray it get thrown out as I dnt reli wanna explain myself to anyone in court.

[NOHOPE]

oh right so can it still be thrown out now. i wish you all the luck in the world.

[tango]

i believe on the day of the trial the prosecution can offer no evidence or even during the trial the judge can throw it out, i reli cant wait till this ordeal is over and i can try to live a normal life.

[tango]

hi all i heard today that my solicitor saw 1 of the witnesses and hes not using him as she didnt say the word rape, i cant believe it as its quite clear to me she was on about the accusation when she said i didnt want it to go this far i just wanted my id back whats ur thoughts?

[Casehardened]

hi all i heard today that my solicitor saw 1 of the witnesses and hes not using him as she didnt say the word rape, i cant believe it as its quite clear to me she was on about the accusation when she said i didnt want it to go this far i just wanted my id back whats ur thoughts?

I'd have thought that your barrister could ask the witness what he thought the girl meant by 'not wanting it to go this far'.

Even if the prosecution immediately object to the witness being led, the seed of doubt may be sown in the jury's collective mind.

On the other hand the witness will be subjected to cross-examination, perhaps your solicitor is worried about him coping with this?

[tango]

what i thought, can i instruct my solicitor to call him as a witness or how do this work

[Casehardened]

what i thought, can i instruct my solicitor to call him as a witness or how do this work

Well in theory yes, your solicitor is working for you, but in practice you really want to keep him on side so he does his best for you, so better not to wind him up.

Say that you really think that this witness would help your case & could he (the solicitor) ask the barrister what he thinks (after all it is the barrister whose job it will be to draw the story out of the witness)