Need Advice again thank you all

[farmer42]

I have been charged 3 months ago, today my brother received a call from the OIC saying the CPS want him to stand as a witness, he had previously sent a statement to the police but never signed it as they chose not to use it. He has been 100% behind me support wise and would only stand there and say things in my support so I can not work out why the CPS would call him as a witness??? Any insight greatly appreciated.

[Rights Fighter]

Often the police will turn a helpful defence witness into a prosecution witness. They may then drop him just before the trial, so defence can't use him. To avoid this, what must happen is that he makes a statement for defence to your sol, so he can be called in the event of him being dropped.

If CPS still use him, then defence counsel can then cros examine him using the statement he made to your solicitor.

[Franticwithworry]

What??!!

How can that be legal and not an obstruction of justice on the part of the prosecution? Do judges ever pull them up over these tactics if the defence has managed to get a statement and so the tactic fails?

[Rights Fighter]

I've seen this happen time after time, which is why I always advise as I do in this situation.....dirty tricks by the police (who sometimes hide helpful statements by not putting them in the 'unused' bundle until after trial) and the prosecution snaffling witnesses for themselves then dropping them last minute.

Often def counsel will say 'we will cross examine so no need to call them' but if they are then dropped its too late. You need to get them to contact your sol asap if the witness can help so they can still be called by def

[farmer42]

Two people who are supporting me and offered statements in my defence have now been called by the prosecution.

[Rights Fighter]

Given what I have said, what are you going to do about that?!

[farmer42]

Going to get them to do a statement for the defence so they can not be dropped.

[Rights Fighter]

Jolly good show!

[Franticwithworry]

Glad to have seen this. Thanks for the information. You never know when snippets like this will be useful and it just goes to show how invaluable this forum can be. It pays to scour every thread!

[farmer42]

I spoke to my solicitor they said let him give a statement to the police or CPS if its info that will help me then let him say what he wants to.

[Shah]

is it a LA sol?
just wondering why he would say that.

[farmer42]

Yes it is legal aid sadly, I said he wants to offer a statement in my defence not for the prosecution and he said well let him say what he wants to the cps and the cps will more than likely decide they don’t want him that’s it basically

[Shah]

insist he does what Rightsfighter said...

[Rights Fighter]

Yes. Tell him that these are your instructions and you need for a statement to be taken from him, in the event that prosecution decide to drop him at the last minute. Do this in writing so that you have proof you asked for this should it go horribly wrong .......

Saying that, I am assume that these are material witnesses?