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Crown Witness lied, how to discredit
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PostPosted: Tue Sep 22, 2009 10:35 am 
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After reviewing the disclosure package for an upcoming, I noticed that the constable caught the crown witness in a lie. It was a severe understatement about the time period that the witness has been driving without a license. I guess CPIC does have some uses 8)
Considering the witness' (not so smart) actions and the fact that the constable wasn't present during the alleged commission of the offense, I'd assume that the witness would be necessary for them to make a P.F. case.
1) Would the facts that the witness operated a motor vehicle without a license and that he lied to the constable be enough to discredit his testimony?
2) What sort of an argument should I be making during closing statements?
3) If I catch the witness in the commission of perjury, should I immediately report it to the JP or should I wait until the closing statements?

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PostPosted: Wed Sep 23, 2009 1:21 am 
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From what I know, if you have no license, you have no rights on the road, plain and simple.

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PostPosted: Wed Sep 23, 2009 1:38 am 
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He is still a witness for the Crown. On a good note, I have prepared a good line of questioning for both him and the constable. While I don't want to post too many details in a public forum while the case is still pending, it should amount to reasonable doubt.

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Re: Crown Witness lied, how to discredit
PostPosted: Wed Sep 23, 2009 4:41 am 
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FiReSTaRT wrote:
3) If I catch the witness in the commission of perjury, should I immediately report it to the JP or should I wait until the closing statements?


Would use it as a "slam dunk" in the your closing remarks to seal the deal on your win.

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PostPosted: Wed Sep 23, 2009 9:32 am 
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I have been advised to be more diplomatic and state something along the lines of "statements in court not consistent with the documented facts of the case." Cooler heads prevailed :(

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