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Defendant and prosecution witness in different cases

  • 24-07-2013 8:58pm
    #1
    pathway33
    Registered Users, Registered Users 2 Posts: 2,229 ✭✭✭


    Can a defendant in a case be a witness for the prosecution in a different case taking place in the same time period?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    It depends.


  • #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    If the person is a co-accused there are rules about them being able to give evidence.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    pathway33 wrote: »
    Can a defendant in a case be a witness for the prosecution in a different case taking place in the same time period?

    If John Smith witnessed a crime while driving to work, perhaps he might be called as a witness for the State, in a prosecution of said crime.

    If the same John Smith got caught for having no tax and insurance on his car 10 minutes later, he could be summoned to court as a Defendant.

    So, in circumstances such as those, a Defendant in one case could be a State witness in another.


  • #5
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    pathway33 wrote: »
    Can a defendant in a case be a witness for the prosecution in a different case taking place in the same time period?
    What is the relationship, if any, between the cases (broadly speaking)?

    i.e. are there circumstances common to both cases?


  • #6
    pathway33
    Registered Users, Registered Users 2 Posts: 2,229 ✭✭✭pathway33


    There are no circumstances common to both cases apart from the fact some people may be taking the witness stand in both cases


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  • #7
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    pathway33 wrote: »
    There are no circumstances common to both cases apart from the fact some people may be taking the witness stand in both cases

    On a basic level, if I punch you in the face in the morning so you steal my car in the afternoon, these are two completely separate events and there is no problem with me being prosecuted for the assault with you as a witness and then you being prosecuted for theft with me as a witness, even if both incidents were witnessed by a dozen mutual friends.


  • #8
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Then it doesn't sound like a problem OP.

    You have a right to freedom from self incrimination both as a Constitutional and a Convention right, which a court will take into account when assessing suitability of witnesses.

    If a witness shall not speak and incriminate himself against his will, and there is no danger of a 'fishing expedition', then there are unlikely to be any grounds for concern.


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