Crown Witness Lied, How To Discredit

A place to discuss any general Highway Traffic Act related items.

Moderators: Radar Identified, hwybear, Reflections, admin, Decatur, bend

Post Reply
User avatar
FiReSTaRT
Sr. Member
Sr. Member
Posts: 371
Joined: Mon Mar 16, 2009 6:01 pm
Location: GTA

Crown Witness Lied, How To Discredit

Unread post by FiReSTaRT »

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.
User avatar
racer
VIP
VIP
Posts: 957
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

Posting Awards

Moderator

Unread post by racer »

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"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
User avatar
FiReSTaRT
Sr. Member
Sr. Member
Posts: 371
Joined: Mon Mar 16, 2009 6:01 pm
Location: GTA

Unread post by FiReSTaRT »

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.
User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

Unread post by hwybear »

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
User avatar
FiReSTaRT
Sr. Member
Sr. Member
Posts: 371
Joined: Mon Mar 16, 2009 6:01 pm
Location: GTA

Unread post by FiReSTaRT »

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.
Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 28 guests