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Crown Witness lied, how to discredit

by: FiReSTaRT on

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FiReSTaRT
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Crown Witness lied, how to discredit

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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?

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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racer
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Re: Crown Witness lied, how to discredit

From what I know, if you have no license, you have no rights on the road, plain and simple.

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

Ontario Traffic Ticket | Ontario Highway Traffic Act
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FiReSTaRT
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Re: Crown Witness lied, how to discredit

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.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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hwybear
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Re: Crown Witness lied, how to discredit

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.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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FiReSTaRT
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Re: Crown Witness lied, how to discredit

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 :(

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.

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