I know I am being a pain but your comments and advice are most appreciated

[sadman]

I would like to call a witness who is a family member.I made a remark to her which was twisted to mean something else.The evidence I have is over whelming but she will still try to lie.In the context of the alleged rapes it is only a small point but the CPS are trying build it up into some sort of confession.With the evidence I have the jury would know why I made the remark and who the remark was aimed at.The witness will not want to come to court because the evidence which I have will put her in a really bad light.She will try to deny and play down the evidence but it is very strong.

Can I write a letter to her getting her to sign a declaration that the evidence I have is all true and the CPS will accept the declaration and the documented evidence as an agreed fact.It is a cop out for her because she would not her family to know this about her from the past but at the same time if the CPS persist in saying that the remark made is some sort of admission then I have no choice to call her and show the court that what I am saying is true and that is why I made the remark to her.Sorry cannot say what the details are here obviously but CPS did not use her statement so I need to see this it might have a bearing on things


sorry if this sound confusing

sadman

[Rights Fighter]

Yes it is confusing and basically almost impossible to answer without knowing facts.


Generally speaking though, any witness helpful to either side can be subpoenaed if they refuse to attend. In some cases the Court can accept a written statement that has been agreed by both sides, to be read to the jury. However if the Crown/defence wanted to challenge something that is in that statement then the witness would have to be called.

[Rights Fighter]

I would like to call a witness who is a family member.

Sorry cannot say what the details are here obviously but CPS did not use her statement so I need to see this it might have a bearing on things


sorry if this sound confusing

sadman

It sounds as though this unused statement should be in with the disclosure for the defence (in what is known as the unused bundle).

Ask your solicitor about this as they know the evidence, the argument and the context - we do not.

[sadman]

sorry yes it is so difficult to explain without giving too much away

sorry difficult to explain without giving too much away the whole case is complex as the judge commented on and although I have good strong evidence barrister does not always think so of the lesser points are worth pursuing but several small points can carry a lot of weight especially as the cps are putting a lot of significance to them .Wish I could fully write everything I would like but CPS might just look at this site well u never know so if I am a little vague ,its because i want an answer not always sure how to ask the question

Thank you for you help and comments

I would like to call a witness who is a family member.I made a remark to her which was twisted to mean something else.The evidence I have is over whelming but she will still try to lie.In the context of the alleged rapes it is only a small point but the CPS are trying build it up into some sort of confession.With the evidence I have the jury would know why I made the remark and who the remark was aimed at.The witness will not want to come to court because the evidence which I have will put her in a really bad light.She will try to deny and play down the evidence but it is very strong.

Can I write a letter to her getting her to sign a declaration that the evidence I have is all true and the CPS will accept the declaration and the documented evidence as an agreed fact.It is a cop out for her because she would not her family to know this about her from the past but at the same time if the CPS persist in saying that the remark made is some sort of admission then I have no choice to call her and show the court that what I am saying is true and that is why I made the remark to her.Sorry cannot say what the details are here obviously but CPS did not use her statement so I need to see this it might have a bearing on things


sorry if this sound confusing

sadman

[lawlessone2009]

Keep on top of the barrister.

The CPS will take many small points and make that big one so you need to take all the counter small points and destroy the big one.

You're certainly not being a pain in any sense of the word. You are going through what is no doubt a traumatic and questioning time and have every right to seek some guidance and comfort. For every question you ask just now that is answered you not only get help but you also help towards helping others in the future who may use the search option for a related issue.

If you have credible evidence which counters the prosecutions and throws doubt in the right direction then it should be brought clearly to the attention of your barrister and a root forward discussed. If you don't feel that the barrister is paying enough attention then question why they think it is so. They are capable of errors of judgement too. All the information they have at their disposal can be brought into the trial if necessary, nobody knows what the other party is truly going to be doing in that room on the day(s) or the direction that things will head so keep on in there and insisting on things being done.