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Statement Retraction
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Hi
i just want to know if someone is allowed to retract a statement.ive posted my situation on here previously,in short i was attacked in a toilet and retaliated but because there was 2 of them with a different story to mine i am now going to crown court charged with ABH.
One guy dont remember what happened as he was extremely drunk and the other guy who was in the same condition gave a very damaging statement against me and this is why i am now going to court. but this guy now wants to retract his statement and no longer wants to go through with it,so my question is can he do this as ive seen varied answers on the net so far.
also i was shown his statement when this first went to magistrates court,apparently this was an untyped up version but i read it all and it was a complete fabrication of the truth,for example he said that a member of staff came into the toilets and pulled me off of the guy which simply didn't happen,now i have the full written up statement and this part has totally gone and the story has changed slightly.
but id like to know if he can retract or whether the cps can just go ahead without him anyway,bearing in mind hes the only one against me,and without his story there's nothing.
thank you
i just want to know if someone is allowed to retract a statement.ive posted my situation on here previously,in short i was attacked in a toilet and retaliated but because there was 2 of them with a different story to mine i am now going to crown court charged with ABH.
One guy dont remember what happened as he was extremely drunk and the other guy who was in the same condition gave a very damaging statement against me and this is why i am now going to court. but this guy now wants to retract his statement and no longer wants to go through with it,so my question is can he do this as ive seen varied answers on the net so far.
also i was shown his statement when this first went to magistrates court,apparently this was an untyped up version but i read it all and it was a complete fabrication of the truth,for example he said that a member of staff came into the toilets and pulled me off of the guy which simply didn't happen,now i have the full written up statement and this part has totally gone and the story has changed slightly.
but id like to know if he can retract or whether the cps can just go ahead without him anyway,bearing in mind hes the only one against me,and without his story there's nothing.
thank you
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"...and can he only be cross examined if he is a `hostile witness`?? "
In the normal course of events (i.e. if he had not made a withdrawal statement) he would give his "evidence-in-chief" in response to questions from the prosecutor and would have that evidence tested (i.e. he would be cross-examined) by your lawyer.
If he is declared "hostile" the prosecutor can cross-examine him, in particular to try to get to the bottom of the difference between his two statements. If you have a legal advisor he or she will be best placed to deal with all the points you have raised.
In the normal course of events (i.e. if he had not made a withdrawal statement) he would give his "evidence-in-chief" in response to questions from the prosecutor and would have that evidence tested (i.e. he would be cross-examined) by your lawyer.
If he is declared "hostile" the prosecutor can cross-examine him, in particular to try to get to the bottom of the difference between his two statements. If you have a legal advisor he or she will be best placed to deal with all the points you have raised.
in R v Nigel Evans being heard this week 11 MAr 2014
there is some odd prosecution evidence being heard
[ Evans is the Deputy Speaker who has been putting his hands down other mens trousers ]
One witness is saying all this occurred but then yes he didnt mind and he regards Evans still as a friend (!!) . It is quite possible that the witness has tried to retract and has been dragged into court nonetheless and made to testify on what he said first time round.
( but being a sex case, there could also be a zillion other explanations we dont know about )
there is some odd prosecution evidence being heard
[ Evans is the Deputy Speaker who has been putting his hands down other mens trousers ]
One witness is saying all this occurred but then yes he didnt mind and he regards Evans still as a friend (!!) . It is quite possible that the witness has tried to retract and has been dragged into court nonetheless and made to testify on what he said first time round.
( but being a sex case, there could also be a zillion other explanations we dont know about )
.
According to the Times today - one unwilling fella dropped the comment whilst drunk in the commons bar and was dragged off to Speaker Bercow, made to repeat it and was told he had to make a statement in order to protect others less strong, younger, more vulnerable etc ( it is a sex case)
Amnesia in court - this was tried in the Gibraltar shootings inquest
when an eye-witness said he couldnt remember, whose counsel was a previous prime minister [ of Gib ] ( Sir Joshua Hassan ). Looked as tho he was lying but the coroner stopped tormenting him, as he fled in tears. Problem for the coroner was that his testimony seemed to support contentious points ( no shouted warning ).
According to the Times today - one unwilling fella dropped the comment whilst drunk in the commons bar and was dragged off to Speaker Bercow, made to repeat it and was told he had to make a statement in order to protect others less strong, younger, more vulnerable etc ( it is a sex case)
Amnesia in court - this was tried in the Gibraltar shootings inquest
when an eye-witness said he couldnt remember, whose counsel was a previous prime minister [ of Gib ] ( Sir Joshua Hassan ). Looked as tho he was lying but the coroner stopped tormenting him, as he fled in tears. Problem for the coroner was that his testimony seemed to support contentious points ( no shouted warning ).
Hi again.
ok i went to court today for the hearing and case management.
the judge said that if was to plead guilty i would get a non custodial but pointed out that he was not suggesting i should and only saying this would be the case.
in meeting my barrister she pointed out that should i be found guilty i would be looking at a definate prison sentence of 2.5 years :o
now im so worried about it that im thinking of pleading guilty just to eliminate any chance of going to prison.this isnt because i feel i am guilty but simply because i feel like this is all a gamble,with the odds being 50/50 as the drunk witness said i stamped on the guys head and i said i didnt.
i cant bear the thought of going to prison as i care for my mother who has glucoma and im simply not cut out for prison.
with regards to the guy retracting his statement ive been told this wouldnt be possible,and now im
thinking that because he has left this very serious statement against me his only option would be to follow it through otherwise he would be seen as giving a false statement.
the case would be heard in front of a jury but ive been so unlucky in life that i just dont fancy my chances,and i must point out that im adiment that im not guilty and acted in self defence but i just have no faith in the justice system and have heard my solicitor and barrister say the words 50/50 way too much for me to feel confident.
im wondering if i would be able to plead guilty to a lesser charge? but like i said i strongly beleive im not guilty but i feel very stuck in a corner.
legal aid are also demanding so much money ill be bankrupt if they dont change the amount.
would i be liable for all costs too if i plead guilty now?
:(
ok i went to court today for the hearing and case management.
the judge said that if was to plead guilty i would get a non custodial but pointed out that he was not suggesting i should and only saying this would be the case.
in meeting my barrister she pointed out that should i be found guilty i would be looking at a definate prison sentence of 2.5 years :o
now im so worried about it that im thinking of pleading guilty just to eliminate any chance of going to prison.this isnt because i feel i am guilty but simply because i feel like this is all a gamble,with the odds being 50/50 as the drunk witness said i stamped on the guys head and i said i didnt.
i cant bear the thought of going to prison as i care for my mother who has glucoma and im simply not cut out for prison.
with regards to the guy retracting his statement ive been told this wouldnt be possible,and now im
thinking that because he has left this very serious statement against me his only option would be to follow it through otherwise he would be seen as giving a false statement.
the case would be heard in front of a jury but ive been so unlucky in life that i just dont fancy my chances,and i must point out that im adiment that im not guilty and acted in self defence but i just have no faith in the justice system and have heard my solicitor and barrister say the words 50/50 way too much for me to feel confident.
im wondering if i would be able to plead guilty to a lesser charge? but like i said i strongly beleive im not guilty but i feel very stuck in a corner.
legal aid are also demanding so much money ill be bankrupt if they dont change the amount.
would i be liable for all costs too if i plead guilty now?
:(
I'm sure i shouldn't doubt what my barrister says but from what I'm reading on this site a first time offender with good character wouldn't normally get a custodial is that right? (i do have a previous conviction for posession 15 years ago)
The witness claims are very serious as he says i stamped on a guys head 5 times then a further 4 times which isn't true hence why i believe he wants to retract his statement.
i don`t want to plead not guilty,its only the worry that the jury `could` choose to believe him that make me think i should.
as i sad previously the guy who hit me claims to remember absolutely nothing,but the witness claims i attacked unprovoked with a weapon (my shoe) repeatedly. so if the jury were to believe him and decide i was guilty would that really mean i would be looking at 2+ years in prison?
thanks in advance for any helpful input.
The witness claims are very serious as he says i stamped on a guys head 5 times then a further 4 times which isn't true hence why i believe he wants to retract his statement.
i don`t want to plead not guilty,its only the worry that the jury `could` choose to believe him that make me think i should.
as i sad previously the guy who hit me claims to remember absolutely nothing,but the witness claims i attacked unprovoked with a weapon (my shoe) repeatedly. so if the jury were to believe him and decide i was guilty would that really mean i would be looking at 2+ years in prison?
thanks in advance for any helpful input.
