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

[Zacs-Master]

Have you asked your solicitor / barrister?

[Orderlimit]

http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/#a08

[jason74]

ill be speaking to my barrister tomorrow, I just want a heads up. I just wanted to know what options are open and if the case can be thrown out, u see the couple that have accused me there defense relies on there word. there word is their only evidence. If they are found to be lying then does that not put there case in a different light.

[Zacs-Master]

So why didn't your barrister challenge them when they were in court? Surely, that was the time to bring this out, not after the fact.

[jason74]

well my barrister that has been with the case since last year could not make it as he was in another case. Another barrister was supplied and was not up to speed. This evidence that they lied has just now come to light.
Also the witness stated events to the jury that i had not been aware of or even questioned about or had a chance to defend myself due to the fact I was not aware of it.

Is this enough do u think to get an appeal?

I can talk further about the case if anyone is interested?

[New Judge]

There are two strings to this:

Firstly if you want your conviction overturned you will have to appeal. Your solicitor or barrister will guide you through that.

As far as instigating a prosecution against the witness goes, this is a matter for the CPS and once again your barrister is best placed to begin this process.

[jason74]

Thankyou very much indeed. If anyone else has any info please feel free to comment

[sandyRoe]

You might know that they lied but can you prove it?

[jason74]

I cant access the proof because of confidentiality. But i'm sure and this is another question I need heads up on. Can my solicitor/barrister access information like who a noise complaint was made by. complainant has since moved. and can they find out when a person moved residence? These are the questions I asked the council but they refused.

[jason74]

this is crucial information to my case and is the only means of proving that they lied. surely I hope for legal reasons this information can be gathered

[Peter Pedant]

It is far too early for the crime of lying in court = perjury
as you rightly called it

The fact that you said X, and the witness said Jason 74 did Y
doesnt by itself make a case for perjury. I think you also need a third person (independent witness) for the act that was lied about in court.

If you have a lawyer you should discuss it with them.

Presumably what happened in court ?
You listened to the witness giving his story
and you said to your lawyer - that's not true. It was like XYZ
and he said can you prove it ?
and You said no I left all the evidence at home
and he said I think you are scr+wed.

If you have been found guilty
it is too late for the case to be thrown out
you will have to appeal. You might find something better to do with your money.

[jason74]

the pro witness also gave evidence saying I did such and such to the jury all lies

The first I heard of this is in the court room. i have never been questioned about it, it is not in my police statement. I have a witness that was with me during the time, who can say I did not do it. I also have 2 witnesses that for what ever reason they was not called up.

I could not prove the prosecution witnesses where lying on the day because how was i to know what was going to be said. I knew they lied but i couldn't prove it on the day.

Can events be told to the jury even tho i was not charged or questioned about them. I did not get the chance to defend myself with the evidence because i was not aware of it

[jason74]

just to confirm the witnesses where a couple

[jason74]

if evidence is read to the jury that is false and i have not been questioned about these events, it is obvious that the jury could be swayed.

Basically this couple said they heard me say something in the stairwell of a block of flats. Looked out of the spy hole and saw me and a friend. I was not interviewed about this. And the person i was with swears i didn't say this thing. Nobody else heard anything in the block. Its just there word

[jason74]

basically they have no evidence accept for there statements. If i can prove they lied then surely that puts there word on the line. I on the other hand have evidence that was not used and i have witnesses that have not had a chance to testify

[FredPuli43]

Tough. You weren't believed by the jury. Why was that? The jury only have to think that it is possible that your version is correct, not that they are sure it is. On the other hand, they have to be sure that the prosecution version is correct.

Perjury is a matter for the CPS, not you. If you have new evidence that proves the witness lied in a material fact, you can always submit it for consideration y the CPS. If the evidence you have was already known to you and your lawyers its content could have been put to the prosecution witness; it's difficult to get home on perjury at the best of times so when the material was available, known, and could have been put in, the attitude is that you have had your chance and the material can't have been up to much if it didn't go in

But you can always seek to appeal, subject to your counsel's views.

[jason74]

ps sorry for any mistakes or if any of this seems rushed but I have not slept since the verdict due to the fact im worried I will be sentenced for a crime I never commited thus ruining my life potentially

[jno]

I would have thought you can't have evidence sprung on you without warning in a courtroom, but I may be mistaken; others may be able to advise you better on this.

[Peter Pedant]

Jason Fred knows what he is talking about.

From my point of view it seems to be (as Judge Judy would say)
he said - we said...

and basically the jury believed them and not you.

[jason74]

FredPuli43 thanks

they believed the couple that had no evidence except for there word. I had statements from 2 people who live in the block that say they heard nothing. Plus the person I was with who says the event did not happen. Witness was not used as he could not attend on the day. As I say the event they told the jury I only heard that day. How can they say something happened and not question me about it?