Witness Intimidation

[LittleMissxx]

We have a key witness in a GBH charge who was reluctant to give info incase of intimidation. The other side have been informed there is a witness and have already knocked her door and asked her if she is the witness, so now she does not want to testify, what happens now ???

[Joe_the_Lion]

Although GBH is a very serious matter, witness intimidation hold nearly the same weight. One can actually be prosecuted for W/I even if the GBH (or other offence) are let off.

First thing to do is contact the Officer in the case (OIC) For GBH, this should be a detective (CID).

Take it from there. Unless summonsed to court, one can not force the witness to give evidence. It is OK for me to say "Oh just go". But, I do not have any family and am as hard as nails. For this woman, perhaps things are different.

Saying that, I am all in favour of justice being served and believe ALL witnesses should attend court.

Contact the police, but go careful you are not colluding about the GBH case with the witness, because that could jeopadise the entire case. One must not speak about it!

[LittleMissxx]

not sure i explained myself very well. the witness is for our defence,. The people pressing charges dont want her to speak cause they have blatently lied. If an honest statement is made it jeapordises thier case, and meanwhile my B/F gets done for something he didnt do. She has just texted me to say sorry for not making a statement , but she cant cause she's so scared of them. She saw it all and knows my B/F didnt do it. The bloke broke his finger from hitting my B/F

[Joe_the_Lion]

No I understand you. I mean even as a defence witness you should collude in anyway about the GBH until after the case.

Speak with the OIC.

[LittleMissxx]

whats an OIC.??

[LittleMissxx]

oh yeah Officer in the case, but surely the officer in the case will be on thier side seeing as they are prosecuting ?? I dunno ??

[Joe_the_Lion]

In practice a Police Officer should be impartial. a witness for the defence can give two kinds of statement. One to the police or one to the defence team.

If taken by the police and it "undermines" the prosecution case" it will be given the same amount of weight BUT may form part of a prosecution bundle called "Sensitive material".

This is brought to the attention of the judge only whereby she may not have to attend court.

Maybe speak to the defence lawyer. However, witness intimidation is ANY witness from either side.