NSW Possible Witness to an Assault - Can I Refuse?

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Jessicaleigh

Member
6 February 2016
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Hi there, I'm just wondering if I can possibly get some help as I was kind of a witness to an assault. I was sitting in the car right near the incident & were with the people involved but I could not see it as there was a bush in between myself & the fight.

The police pulled me over about a week later & said they will need me to make a statement, I didn't agree as I didn't want to get involved. I am friends with both parties. About 2 days later, they came to my address & asked me again & then again 2 days later but, this time, threatening me with charges if I don't make the statement.

Now I am 6 months pregnant & very stressed about the whole situation & was over being harassed to do this statement so I gave in & went in to make a statement. Now I am feeling even more stressed because I do not want to be involved in this sort of thing. I've never been in trouble or even got a fine! I'm just wondering what I can do as I do not want to be a witness,
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Now that you made a statement, the police can subpoena you to appear at court. It is an offence not to go to court.

I'm thinking you just tell the truth as you know it, which doesn't sound all that much anyway from your post. People assaulting each other is bad and if they do the act they should be prepared for the consequences.

Recommend chilling out. Remember the health of your baby is much more important than 2 idiots assaulting each other. Not sure if you know, but stress hormones can have a negative influence on the baby's development. The incident you mentioned is someone else's problem, not yours. Do not accept them trying to make it your problem.