WA Witness Statement Error

Discussion in 'Criminal Law Forum' started by Mr Jason, 1 December 2019.

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  1. Mr Jason

    Mr Jason Member

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    Good day to you.

    I would like to ask this on behalf of my friend who is being summoned by the prosecution as a witness to attend a hearing next month. As she was also the victim of the case, she recorded the statement when she was in trauma. As a result of that, there was quite a number of errors that she would like to correct. She checked with the detective who took down her statement and he said that she can't amend the statement as the trial is already "ongoing". As such I would like to know whether

    1] is it real that she can't amend her witness statement that she did signed?
    2] if she can't amend the statement, can she correct her statement during the hearing?
    3] is there any impact to her credibility as a witness if she does that?

    Appreciated your time and thank you.
     
  2. Adam1user

    Adam1user Well-Known Member

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    I am not a lawyer and this is from what I think, if the amendments don't contradict what she said, I mean the opposite of what she said, I think that may not be accepted, but if it is in line of the whole event and does not change the outcome or result by complete opposite, I think the Magistrate/Judge may accept that, as can be explained she was not in a stable or a worrying state. I repeat I am not a lawyer and this is my opinion only. I am sure others with more information will correct me or provide a better answer.
     
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