VIOLET: Law & Abused Women - Mary's Story



			"testify" Mary tells us she was called to testify about what happened the day of the violent episode when she called the police and they laid charges. This information describes what is involved in testifying. Things to remember when testifying Some tips if you are a witness If your partner is charged and you have to testify Preparing for the trial If you do not show up to testify If your partner does not show up in court How much time is involved ? What should I remember when testifying? It's important to remember that if you do not know the answer to a question you should not try to guess. Say "I do not know" or "I don't remember". If you do not understand a question, ask for it to be rephrased. Speak clearly and loudly. You must always respond verbally. The court records only verbal responses. When saying yes or no, you must use these words rather than nod or shake your head. Do not discuss your testimony with any one else. You may discuss your case with the Crown Prosecutor and police, but no one else. If you make a mistake, let the Crown Prosecutor know. It is recommended that you look your best when testifying. You will be required to take an oath. If for religious reasons you can not, let the Crown Prosecutor know before court begins. You have a right to review your police statement before you testify. If you do not have a copy, you can obtain one from the Crown Prosecutor. It is okay for you to ask for something you need: tissues, glass of water, use of the washrooms. It is the defense lawyer's responsibility to ask many questions to determined the accuracy of your testimony. This is called cross-examination. The defense lawyer might suggest something that you, the witness, partially agree or disagree with. You can explain to the judge which part(s) you agree and disagree with. Try not to get too distressed if it sounds like you are not being believed. Some tips if you are a witness Arrive 15 minutes early and inform the Crown Prosecutor that you have arrived. Once the case begins, all the witnesses will be instructed to leave the courtroom. This is called an order of exclusion. If you are asked to leave the courtroom make sure that you stay just outside the courtroom so that you are easy to find when it is your turn to testify. The Crown Prosecutor will call a witness first; then the defense will call its first witness. You may be the first one called to testify. The accused may plead guilty before or during the proceedings. The court may be delayed for a number of reasons. You may ask the Crown Prosecutor why. If your partner is charged and you have to testify If your partner has been charged, the role of the Crown Prosecutor is to prove he is guilty beyond a reasonable doubt. Your partner may choose to retain a lawyer to act on his behalf or he may choose to represent him. Your partner may also remain silent and not say anything in court. If you are a witness, you will receive a subpoena or other court notice. This will tell you the date and time you must attend. You must appear before the court. There are no other options. If there is a serious reason why you can not attend court, you must speak to the Crown Prosecutor immediately. You can not drop the charges laid. You have no control over the charges. If you are being threatened by your partner or pressured by family members, let the Crown Prosecutor know immediately If your partner harasses you about dropping the charges, tell him you have no power to drop charges. Your partner may still harass you so that you do not testify. This behaviour is a crime and should be reported immediately to the police. Preparing for the trial Get a copy of your statement and read it over. If you made any notes at the time of the assault, ask the Crown Prosecutor if you can bring them with you to court. Go over the events in your mind and try to place them in order. Make sure you remember the date, time, and place of the assault. You can arrange a meeting with the Crown Prosecutor before the trial. Let the Crown Prosecutor know ahead of time if you need a translator or an interpreter. Take the subpoena and any other important documents with you to the meeting with the Crown Prosecutor. If you do not show up to testify If you stay away from the trial on purpose you could be charged with a criminal offense. If you do not obey the court document [subpoena], you can be found in contempt of court. The judge could issue a warrant for your arrest. If you do not want to testify, speak with the Crown Prosecutor ahead of time and before you are subpoenaed. If your partner does not show up in court A warrant could be issued for his arrest. His lawyer may provide a reasonable excuse for his absence; then the judge can adjourn the court. How much time is involved? The trial may take several hours. More serious and complicated trials can last several days. October 1998 ©1998-1999 Legal Resource Centre of Alberta.

October 1998