Why would a Garda advise me not to give a statement

Skyrimaddict

Hi,

I was recently assaulted at a traffic incident, guy got out of his car and attacked me.

Garda arrested him, but after I came out of hospital I was advised to get a solicitor before I make a statement as they have no CCTV.

My car was broken and there is a witness, who is happy to give a statement.

Why would a Garda say this to me?

blindsider

So that you give the right statement. IMO a solicitor should help you avoid saying anything which a defence solicitor can use to mitigate or weaken your case.

Your solr should know the law far better than you do - unless you're a solr obviously.They should help you to write a statement which is clear, factual and 100% truthful - and not easily challenged by the defence.

….IMO.

AndrewJRenko

Thread title is quite misleading tbf

Get Real

https://www.boards.ie/discussion/comment/122180257#Comment_122180257

Completely agree. Guard didn't advise you not to make a statement op.

The guard simply told you to consult a solicitor before making a statement. You can of course say "I'm grand thanks" and go ahead and make one.

I'm not saying it will happen but the type of person to attack you in traffic and get arrested for it may also be the type of person to say "they (meaning you) attacked me first or did x,y and z" (of course this would all be pure lies)

If you'd a solicitor with you, it gives less wriggle room for Mr.arrested man to change his story later, and also can be worded in a way that would preempt any future false accusations/excuses on his part.

Pure devils advocate-in a court room, your car being broken doesn't negate a separate allegation concocted by arrested man (again I stress falsely btw). Also, the witness, who may be happy to give a statement, may not be happy to give up their day months down the line in court if they don't know you. If they do know you, then a defence solicitor could argue it's a biased statement or some other bull.

If anything, I think the guard was doing you a favour, simply giving a heads up/word of advice. You can of course, ignore that advice if you want and make a statement regardless.

Skyrimaddict

Thanks for the comments.

Yes, advice was to get a solicitor. Sorry was in shock from it.

Honestly thought, I felt the whole time I was being subjected to a number of strange things.

Guards didn't come to me at the sceene, they went to arrest the guy, which is fair enough but when I was calling they kept saying they were coming.

I was told I was lucky my own car wasn't seized as I was involved. I was told that without CCTV I could also be charged, I was told it's just my word against his, despite me needing to go to hospital.

Even how the Garda took my initial details when I drive to the station, very much lack of any sort of support or empathy despite me having pictures of the guys car, how he drove into a one way street to block me ( at the top of a roundabout junction) or that the witness did already give his statement.

Musicrules

Even when you're 100% in the right, you can prove you're in the right and you're dealing with a scumbag, some don't care and prefer to abuse their position of authority. It looks like some guards in your case are doing this.

If you're confident in your statement, go with that. Solicitors are very expensive. Just make sure you stick to the facts as they are.

3DataModem

The biggest mistake people make in unguarded statements is 1. filling in the blanks and 2. conjecture about motivation. Both of these things will get your statement thrown out or undermined in court.

"He got out of his car and hit me for no reason."

"He was mad because I bumped into his car and completely overreacted."

etc.

z80CPU

as 3DataModem said

Also

DON'T EMBELLISH in your statementop

coylemj

OP is the injured party here - why should he pay money to a solicitor to make a statement? Isn't it the job of the investigating Garda to take witness statements with a view to initiating a prosecution?

What are you supposed to do if you're the victim of a crime and you don't have the money to pay a solicitor?

It sounds like the Garda couldn't be bothered to take the OP's statement and progress the case.

GerardKeating

https://www.boards.ie/discussion/comment/122186395#Comment_122186395

Might be a good idea, if the OP want to pursue a civil case for damages.

coylemj

https://www.boards.ie/discussion/comment/122186795#Comment_122186795

You can do that after any criminal case has been disposed of. In fact, you will not get a hearing in a civil suit while there are criminal proceedings outstanding.

There is no reason whatsoever why a citizen who has been the victim of a crime needs to talk to a solicitor while the Gardai are (supposedly) investigating the crime. Especially when the perpetrator was arrested and there is a witness who is willing to make a statement.

wrangler

https://www.boards.ie/discussion/comment/122187679#Comment_122187679

How can the victim stop the perpetrator moving assets out of his name, a local here has been badly beaten with life changing injuries and the perpetrator is reported to be moving a substantial amount of assets out of his name

Lenar3556

https://www.boards.ie/discussion/comment/122186395#Comment_122186395

Yes, but it will depend on who he’s dealing with in the Garda and the level of capacity and/or interest they have. The OP may also wish to pursue a civil claim for damages and a criminal conviction in the same matter will be helpful. I think he would be well advised to ensure his witness statement is well drafted.

Lenar3556

https://www.boards.ie/discussion/comment/122187717#Comment_122187717

It may be possible to secure a court order restraining such actions, depending on circumstances.

Property transfers having occurred for such nefarious reasons could also be set aside at a future date, if there is sufficient evidence to do so.

I see sheep

Garda is doing you a favour. Take the advice.

coylemj

https://www.boards.ie/discussion/comment/122187717#Comment_122187717

'Life-changing injuries' and the other guy is moving his assets into someone else's name - says who? The OP never mentioned anything like that.

On the issue of paying a solicitor to draw up the statement, the criminal or civll case will stand or fall on what witnesses say in the witness box. The written statement only comes into play in a criminal case if it goes to a trial by jury in the circuit court, in which case it will be included in the book of evidence. But the only evidence the jury will hear is what the witnesses say in the witness box, the jury doesn't get to read any statements. So the OP's witness statement is not as important as people seem to think. If the case is heard in the District Court, nobody but the prosecuting Garda will see the OP's statement.

GerardKeating

https://www.boards.ie/discussion/comment/122188815#Comment_122188815

The OP mentioned that the Gardaí mentioned that they could be charged too, maybe that's the reason for the solicitor advice, to make sure they don't say anything that get's them a charge.

coylemj

https://www.boards.ie/discussion/comment/122188869#Comment_122188869

If the Gardai think you are totally innocent and someone else may be charged, they ask you to sit down with one of them to make a statement which will help them put together a case to bring to court. If they think you may be charged, they caution you first ('you are not obliged to….') and ask you if you want to make a statement. In neither case will they tell you to go to a solicitor (paid by you) to make a statement, that just doesn't happen.

The Garda is banking on the OP not bothering to go to a solicitor because of the cost. He will then mark the case as closed: - 'injured party refused to make a statement'. That's what's happening here.