NSW Influence Witness

[Jaywoo220]

Please provide some relevant case law.

 

[sammy01]

Can you please tell us what you have been charged with in relation to this matter? Pretty please.

So i had a bit of a read. This sucker is interesting Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322 - BarNet Jade

A couple of bits I really really liked.
"If witnesses are ... deterred from coming forward in the aid of legal proceedings, it will be impossible that justice can be administered. It would be better that the doors of the courts of justice were at once closed"


That case cites " In Wellby v Still (1892) 66 LT 523; 8 TLR 202, the plaintiff’s solicitor and his son wrote letters, to persons who were likely to be called as witnesses, which were not threatening in any way, but disparaged the defendants. Kekewich J had not the slightest doubt or hesitation that they amounted to a contempt, on the basis that though there had been no intimidation, there had been an endeavour to warp the minds of possible witnesses, which the court could not tolerate."

So can you believe it some twit wrote a letter to presons who where likely to be called as witnesses. Those letters were not even threatening on intimidating and they were written by a real lawyer, well some of them anyways.

Now read paragraph 54. See this punter acknowledged that he stuffed up. Owned it, apologised for it and managed to avoid jail as a result. You seem keen on avoiding responsibility based on the info on the now closed thread.

I really really like this bit "As was pointed out by Byrne J in R v McLachlan, the whole point is that in our adversarial system, evidence will often be called by one party which the other believes to be false, and the assessment of that evidence is a matter for the court, not for the other party." So it is not for you to determine if what the witnesses were saying is true that is the job of the court.

I really like paragrapns 58/59. So this dude apologised. He still had to pay the other party's legal bills. See you want to think this through. Either you lawyer up big time OR you self represent and if it goes badly you will be paying the other party's lawyers. I've said to you before, this is NOT the stuff for DIY.

 

[Jaywoo220]

I am glad you really really liked.

 

[Jaywoo220]

First two case are civil matters, not criminal.

Third matter is in Victoria, not nsw, so not binding.

 

[sammy01]

Ok but you're still not giving much away here. Paint the picture for us. If you want case law you want those cases to be as similar to yours. Or let us continue to make assumptions then tell us how we got it all wrong and know nothing. We can only advise based on the info you tell us.

Reading between the lines in two different scenarios individuals made statements against you and in both statements they lied (according to you). If that is all they've done nothing else, not posted in fb or taken an ad out in the local paper and that was enough for you to send letters pretending to be a solicitor with the intention of encouraging them from not appearing in court as a witness then you have attempted to influence the witnesses and you would be well advised to get a lawyer and plead guilty.

But again, until you provide actual details of the events leading up to you sending those letters all you're gonna get on a forum like this is speculaton, of which you will continue to make statements along the lines of 'we have no idea what we're talking about'. Yep, guilty, no idea what I'm talking about because you refuse to explain the full context.

Between you and me. All speculation BUT I reckon you had an avo on you. Because you couldn't contact the protected person yourself you decided to write as a solicitor. Gee I hope I'm wrong. But...

 

[Atticus]

Please provide some relevant case law.

Would only be relevant if we knew exactly what all the charges are you are facing, & at least basic FACTS around each.