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TOPIC: with my Barrister yesterday
#51677
with my Barrister yesterday 14 Years, 5 Months ago  
The one and only barrister/Solicitor conference that legal aid funding will finance.

Two hours of heartbreak as I'm informed not to 'go off on one' during cross examination,and how I could go to prison for contempt if I mention in evidence some fact the judge had decided to keep from the jury.

The only lessons they instructed me in were:

1 - Be polite to the prosecutor:woohoo:

2 - Answer all prosecuting questions fully,but as short as possible.

3 - Never answer a question with a question

After asking if I could use the cross examination to get a few digs in at police incompetence etc,I was told in no uncertain terms not to do this.Leave the dirt to my poorly funded legal aid barrister who no doubt is not paid enough to get to grips with all the facts.

One thing of note did come out of it,she reckoned JK was found guilty because the legal establishment did not like the fact he made a fool out of prosecuting council.The law has a way of protecting its own.

In court monday,biggest day of my life.
 
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#51679
Re:with my Barrister yesterday 14 Years, 5 Months ago  
Good luck IA and keep in touch whatever happens.
 
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#51681
Re:with my Barrister yesterday 14 Years, 5 Months ago  
Seconded.

I think that the advice you've been given is actually pretty good, in fact all your barrister has told you is not to grandstand. Remain calm and composed. Whatever happens on Monday keep your dignity intact. Your self respect is going to be very important to you from now on. Good luck, I hope to see you posting on this board on Tuesday.
 
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#51688
Francis D

Re:with my Barrister yesterday 14 Years, 5 Months ago  
Some barristers tell their clients that they should not criticise or even question the police or CPS because that will be seen as criticism of the State and therefore frowned upon by the Court. I think the main thing that any defendant should remember is that the verdict is decided upon by a jury. If the police are in the wrong and you have a barrister who is too spineless to challenge their actions then you should replace that barrister. You do not need to impress the judge or any of the lawyers. The only people you need to impress are the jury. A decent barrister knows this and will do what he needs to do to win the case.

In reality few juries will be offended if the police or prosecution are made to look foolish. They are independent and owe the court nothing beyond reaching an honest verdict.
 
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#51690
BR

Re:with my Barrister yesterday 14 Years, 5 Months ago  
Having sat in on several court cases I agree that if someone starts "grandstanding" thinking they are in some TV soap the whole court gangs up on them ( whether they are defence or prosecution )

Quiet respect is probably the right way to impress the jury as well. If you are in the right and know that you are innocent then being calm and matter of fact is a very good position - because it is real and nothing will be able to undermine that. Barristers often look stupid then when they try to make out you are a bad or devious person - because it soon becomes quite clear that you would be neither. They then make themself look sillier - as they do try to "wind up" witnesses in order to big themselves up.

The Police and CPS are not "voting" on your future - that is left to the Judge and Jury as has been mentioned. That is also good advice.

Good advice by the sounds of it. Hope it goes well for you.
 
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#51716
veritas

Re:with my Barrister yesterday 14 Years, 5 Months ago  
very sound advice..take it. Good luck !
 
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