making a false statement

edgra

if somebody makes a statement to the gaurds which they know to be false, give many details in the statement, but at the end of the statement say they cannot be 100% certain of the facts in the statement due their memory being hazy due to shock/head injury.. if person is found out to have told things in the statement that arent true, could they be prosecuted for lying, or will the fact that they have said they cant be 100% certain about the facts in the statement render the statement useless..
many thanks..

battle_hardend

edgra wrote: »

if somebody makes a statement to the gaurds which they know to be false, give many details in the statement, but at the end of the statement say they cannot be 100% certain of the facts in the statement due their memory being hazy due to shock/head injury.. if person is found out to have told things in the statement that arent true, could they be prosecuted for lying, or will the fact that they have said they cant be 100% certain about the facts in the statement render the statement useless..
many thanks..

depends on the context , if it someone who is being accused of a crime like assault , it would be a bigger deal than if it was someone who was a victim of assault

coylemj

edgra wrote: »

if somebody makes a statement to the gaurds which they know to be false, give many details in the statement, but at the end of the statement say they cannot be 100% certain of the facts in the statement due their memory being hazy due to shock/head injury..

It makes the statement worthless. I'm amazed that any Garda took such a statement because the DPP sure as hell won't use it and any lawyer worth his salt will blow large holes in it.

It has 'deniability' written all over it so it's not worth the paper it's written on.

jblack

OF course lying to the guards, or making a statement that a person knows to be inaccurate can attract sanctions.

For instance, an accusation of rape that turns out to be untrue may attract a custodial sentence.

By the sounds of it the statement is worthless and no Guard would act upon a statement where the deponent will not stand over, much less the DPP.

deman

It happens all the time. Otherwise there would would be no need to go to court in many cases. People lie to strengthen their case.

An example: a few years ago I had a car accident. The police charged the other driver with causing serious injury through dangerous driving. No charges were pressed against me as the police questioned numerous witnesses at the scene of the accident. The other driver told lies to the police but when it came to court, they ripped him apart. He was not charged with lying to police or wasting police or court time though when found guilty.

edgra

for instance if a car was stolen and crashed, a person claimed to have seen the car being stolen and chased car, then at the end of the statement claims they cannot be 100% certain of the events due to being hit on the head and memory being hazy so cant be sure if car was even stolen at all

battle_hardend

deman wrote: »

It happens all the time. Otherwise there would would be no need to go to court in many cases. People lie to strengthen their case.

An example: a few years ago I had a car accident. The police charged the other driver with causing serious injury through dangerous driving. No charges were pressed against me as the police questioned numerous witnesses at the scene of the accident. The other driver told lies to the police but when it came to court, they ripped him apart. He was not charged with lying to police or wasting police or court time though when found guilty.

+1 , unless a judge is particulary zealous or if the lies are stonewall blatant , thier may not be any real consequences , if you come across as lacking conviction in your story , your testimony might be dismissed but that is different that being accused of lieing

MagicSean

edgra wrote: »

for instance if a car was stolen and crashed, a person claimed to have seen the car being stolen and chased car, then at the end of the statement claims they cannot be 100% certain of the events due to being hit on the head and memory being hazy so cant be sure if car was even stolen at all

That would sound something that was completely and deliberately made up and the Garda should look for a prosecution.

edgra

well if the person was attacked and hit on the head for example?

MagicSean

edgra wrote: »

well if the person was attacked and hit on the head for example?

At what stage? While giving the statement? Otherwise i can't see how they might come up with a story about chasing a stolen car and then not even know if it was stolen.

opti76

coylemj wrote: »

It makes the statement worthless. I'm amazed that any Garda took such a statement because the DPP sure as hell won't use it and any lawyer worth his salt will blow large holes in it.

It has 'deniability' written all over it so it's not worth the paper it's written on.

a garda can only write down what hes told.. he cant coach a statement ...

edgra

while giving the statement, then the following day at station giving same statement after speaking to gaurd who informed what had been said night before, and at end of statement saying cant be 100% certain if events are correct due to getting hit on head and the shock/panic of it all

battle_hardend

edgra wrote: »

while giving the statement, then the following day at station giving same statement after speaking to gaurd who informed what had been said night before, and at end of statement saying cant be 100% certain if events are correct due to getting hit on head and the shock/panic of it all

if your the one being accused of a crime , its better to not make a statement or at least consult a solicitor first

coylemj

opti76 wrote: »

a garda can only write down what hes told.. he cant coach a statement ...

A Garda can choose not to take a statement in the first place if the witness says his memory is defective and insists that that be added as a qualifier at the end of the statement.

The purpose of a statement is to get a witness or complainant to commit to paper what he or she is prepared to say in court. A statement which has that qualifier isn't worth taking.

Maximilian

Talk to a solicitor.

Thread closed.