Witness's statement via phone - urgent pls

Court proceedings and Legal Process
ScubaSteve
Posts: 1
Joined: Fri Sep 27, 2013 7:23 am

Witness's statement via phone - urgent pls

Postby ScubaSteve » Fri Sep 27, 2013 7:33 am

Good Morning Sean;

Long story short myself and another motorcyclist were booked for crossing double white lines. While my friend crossed the lines and I physically didn't (but passed a slow car pulling into a look out zone), we both received a TIN. My friend paid the fine, I am contesting mine and have a not-guilty hearing in two weeks.

Late last night my friend received a call from the Prosecuting officer demanding that he be present for the case, however she has a booked holiday interstate and she doesn't want to attend. He then said she can make a statement over the phone, he'll type it up but she has to come into a police station and sign it. My friend's statement is to the tune of that I didn't cross the white line etc etc. I'm also questioning the professionalism of the cop as he was aggressive at the scene, had no high-vis vest on (for a TMU unit) and left his car door wide open and nearly caused an accident for the traffic on the road trying to miss each other and the car door. And of course, this TMU car had no camera installed in it (metro unit).

My question is; what is the best course my friend can take to not effect the planned (and paid for) holiday, and how can I benefit from this with my case? Can she just ignore the phone and go on holiday (her address isn't current on her license)? Should she make the statement via phone and demand the cops come to her for a signature? Any ideas?

Any help would be appreciated so I can help out my friend.

Thanks very much Sean.

Regards;

Steve.

Hardy
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Re: Witness's statement via phone - urgent pls

Postby Hardy » Fri Sep 27, 2013 8:05 am

Your friend can do whatever she likes.
if she wants to help your case she should ignore everything the police say to her. If she wants to harm your case she should cooperate with the police.
If you believe she is going to help your case you should be adjourning the hearing date - or consenting to the prosecution adjourning the hearing date - so that she can attend.

Slattery
Posts: 356
Joined: Tue Nov 06, 2007 10:24 pm

Re: Witness's statement via phone - urgent pls

Postby Slattery » Mon Sep 30, 2013 8:04 pm

"I'm also questioning the professionalism of the cop as he was aggressive at the scene, had no high-vis vest on (for a TMU unit) and left his car door wide open and nearly caused an accident for the traffic on the road trying to miss each other and the car door. And of course, this TMU car had no camera installed in it (metro unit)."

Oh well then, there's your answer. Bring that up in court and you are sure to get off. :roll:


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