Witness statement to Guards

Royal Irish

I have been contacted by the guards asking for them to come take a statement from me with regards to something I witnessed.

Do I legally have to give a statement or can I just refuse?

I have no issues with giving the statement but the guard I was dealing with has been a bit forceful over the phone and nearly expects me to change my plans to accommodate them with no regard for my work commitments, holidays booked, weddings to attend over the next few weeks.

camphor

Nearly expects? You are not obliged to make a statement but you should consider your position carefully. If you witnessed something you are assisting the course of justice. You shouldn't let the rudeness of any individual be a factor. You should also take into account that such a guard may get revenge on you in some other way. You should tell the Guard when you are available. If he is persistent write to his Superintendent and repeat that you are willing to help but are only available at particular times.

schemingbohemia

If no one gave statements where would the justice system be? If you were the victim of a crime would you be thrilled to hear that someone who witnessed the crime couldn't be bothered to go a tiny bit out of their way to assist?

Zambia

Mate give the garda a break the fact is if garda where not insistent, statements might never get done.

The quicker it's done the quicker you can forget about it.

Have you considered writing it your self emailing it to the Garda. have him check it and have you expand further where needed and when you both agree its correct. You print. It have it signed and witnessed when you can and send it to him?

Royal Irish

schemingbohemia wrote: »

If no one gave statements where would the justice system be? If you were the victim of a crime would you be thrilled to hear that someone who witnessed the crime couldn't be bothered to go a tiny bit out of their way to assist?

Does that mean I don't have to give a statement?

da6xsi

You dont have to make a statement

And a guard is only a civil servant at the end of the day and hes asking you to help him by giving a statement

Id ring back and tell them when your free and ready and have the available time you will call in whenever you want thats even if your positive you want to make the statement

Dont feel pressured, do things on your terms when you have the time

Id personally ask him to wait for me to contact him when im good and ready to make my statement

Fred Swanson

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RainyDay

da6xsi wrote: »

You dont have to make a statement

And a guard is only a civil servant at the end of the day and hes asking you to help him by giving a statement

You're not helping the Garda by giving a statement. You're helping the victim of the crime that the Garda is investigating.

schemingbohemia

Royal Irish wrote: »

Does that mean I don't have to give a statement?

da6xsi wrote: »

You dont have to make a statement

And a guard is only a civil servant at the end of the day and hes asking you to help him by giving a statement

Id ring back and tell them when your free and ready and have the available time you will call in whenever you want thats even if your positive you want to make the statement

Dont feel pressured, do things on your terms when you have the time

Id personally ask him to wait for me to contact him when im good and ready to make my statement

The attitude expressed here explains why the country is in the state it's in.

billy few mates

Its probably more to do with trying to arrange a time that's mutually convenient and they might not necessarily be available at a time that suits you because of the shifts they work, their own holiday plans, court appearance etc.
They don't work nine to five monday to friday and I'm sure you wouldn't appreciate being asked to call up and visit the station some Saturday night when he's on shift....

alyssum

schemingbohemia wrote: »

The attitude expressed here explains why the country is in the state it's in.

You should also take into account that such a guard may get revenge on you in some other way

that is why the country is in the state its in

catastrophy

alyssum wrote: »

that is why the country is in the state its in

Your using the opinion of one person to explain the current state of our country?

OP, you don't have to give a statement but consider that the Garda may summons you as a witness regardless and I'd imagine that would inconvenience you an awful lot more.

angelfire9

Giving a statement takes fifteen minutes tops unless you witnessed a murder or a mob attack on someone or something else complicated in nature

If you have the name of the Garda ring the station, find out what way the Garda is working over the next few days (early/late or off duty) find a day and time he's working that suits you to come in, leave a message with the Public Office (note public office not the switchboard) as to when you will be in and what Garda you will be meeting
Go in, meet Garda, give statement, go home job done

downonthefarm

dont get nvolved.

Pat Mustard

Royal Irish wrote: »

I have been contacted by the guards asking for them to come take a statement from me with regards to something I witnessed.

Two questions:

1. Do you minding giving a hint as to what you witnessed? It would give some context to the situation.

2. Is there any possibility of you being prosecuted, whatsoever?

Royal Irish

No chance of me being prosecuted.

Tramps Like Us

If he's being a prick about it and not willing to come to an arrangement were it suits you both to give a statement then don't bother giving one, you 100% don't have to

angelfire9

You don't have to this is true
In much the same way you don't have to say thank you when someone serves you in the corner shop
Or you don't have to hold a door open for a little old lady or someone pushing a buggy
You don't have to, but it won't kill you to do it all the same
For gods sake your not being asked to give up a kidney

How long is it since the incident? I.E. how long has the guard been looking for the statement?
Did it occur to those saying not to bother that maybe the Garda is being antsy because he is getting pressure from inspector or super to put a file together and your statement coud be the only thing he is waiting on?
You know when they say "A file is being sent to the DPP".... that's a file of Statements!
Some scumbag could get off because you are delaying the process
"Justice delayed is justice denied"

You don't have to, by all means don't bother, but remember karma is a bitch

RustyNut

Royal Irish wrote: »

No chance of me being prosecuted.

Well if you don't say anything it can't be used against you.

TheNog

Royal Irish wrote: »

I have been contacted by the guards asking for them to come take a statement from me with regards to something I witnessed.

Do I legally have to give a statement or can I just refuse?

I have no issues with giving the statement but the guard I was dealing with has been a bit forceful over the phone and nearly expects me to change my plans to accommodate them with no regard for my work commitments, holidays booked, weddings to attend over the next few weeks.

No you don't have to give a statement but consider the fact that giving a statement would be for the greater good.

It is a well known fact that witnesses will lose clear memory of everything that has happened in an incident soon after so it is better to get it done as quickly as possible.

It would also be fact that the Garda probably has more than one witness in each incident and probably investigating a dozen or so incidents. You can imagine trying to get everyone in to make statements when not everyone is willing to take a little time out of their schedule to do it. It can be frustrating believe me.

Pat Mustard

Royal Irish wrote: »

No chance of me being prosecuted.

I don't know if this would be of any assistance to you, but perhaps the Gardai would accept a draft statement from you by email or letter. Then it should be a simple matter to drop down to the station to sign an original statement, subsequently. That might minimise the inconvenience involved.

My understanding is that Gardai like to witness the signature of statements.

Fred Swanson

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Carawaystick

Could you give a statement to a different garda?
maybe in a different station?

JustAThought

1. Charged with hindering police investigation.

2. Charged with obstruction of justice.

3. Witness summons to court to testify which stretches over a 10 day period & can be extended if the dates change.

3b. Prosecutable offense not to then turn up.

4. Ring station, ask for gaurd, see when s/he is available , make appointment for mutually suitable time.

Zambia

JustAThought wrote: »

1. Charged with hindering police investigation.

2. Charged with obstruction of justice.

3. Witness summons to court to testify which stretches over a 10 day period & can be extended if the dates change.

3b. Prosecutable offense not to then turn up.

4. Ring station, ask for gaurd, see when s/he is available , make appointment for mutually suitable time.

Your joking re 1 & 2 right?

Fred Swanson

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Pat Mustard

Fred Swanson wrote: »

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Like the epidemic that hit Limerick.

Two of the witnesses were further warned by Mr Justice Paul Carney that they would receive brain scans and whatever medical assistance the state considered necessary to help cure "memory problems".

Cody Pomeray

Just in relation to that article...

Mr Justice Carney reminded the jury repeatedly that what they must take into account was the evidence on oath only and anything stated in Garda statements was not evidence.

I don't understand why the initial statement was inadmissible. I am aware that the case is from 2003 and so pre-dated s16 of the criminal justice act 2006, but the courts have always been able to put previous statements of hostile witnesses into evidence, haven't they??

edit, no, I'm thinking of the right to admit a previous statement into evidence that undermines the reliability of the hostile witness; the jury was able to see the statement but could only have relied on it for the purposes of assessing the witness's reliability, and not the guilt or innocence of the accused. All archeology now anyway.

Fred Swanson

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Knob Longman

Royal Irish wrote: »

Does that mean I don't have to give a statement?

Your under no obligation to make a statement..

intospace

Fred Swanson wrote: »

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are you sure? can't a witness summons / witness order be served on a reluctant witness who has declined to provide a written statement of their evidence.

in some district court cases written statements are not taken at all and a precis of state's evidence is all that may exist, on paper.

ultimately isn't a person compelled to give direct evidence at the instance of the party that has ordered their appearance by way of summons / order, unless the evidence is privileged or would result in self-incrimination?

Billiethepup

Make the statement. Not because you have to, because some poor unfortunate has been the victim of a crime and in our justice system a witness statement is the difference between a scumbag getting away with it and going on to the next victim, and the scumbag getting stopped.

Make time.

Pat Mustard

intospace wrote: »

can't a witness summons / witness order be served on a reluctant witness who has declined to provide a written statement of their evidence.

Yes, this is true. What he meant was that in practise, if no statement has been taken from a particular witness, the State is unlikely to call such a person as a witness, because it will be hard to predict what that person's evidence might be.

Makes for good tv in US courtroom dramas, though. Remember Murder One from the nineties?

Carawaystick

The Mustard wrote: »

Yes, this is true. What he meant was that in practise, if no statement has been taken from a particular witness, the State is unlikely to call such a person as a witness, because it will be hard to predict what that person's evidence might be.

Makes for good tv in US courtroom dramas, though. Remember Murder One from the nineties?

Or the was it the Guildford 4 or Brum6 where a cop recanted during an appeal...

RainyDay

The Mustard wrote: »

Makes for good tv in US courtroom dramas, though. Remember Murder One from the nineties?

Great show indeed