To not want to be a witness in court?

[Cantbloodyrememberthenameonthread]

Second aibu in 24 hours. It’s all going on 🫠

I’ve had a letter through advising I’ve been called as a witness in October. Basically, last year I witnessed somebody be hit by a Tesco delivery van, the van drove off and the person is now sueing Tesco. I helped at the time, called the police, managed to get a pic of the (speeding off in panic) van to get a reg plate, gave first aid to the guy.

since then, I’ve provided written statements, over the phone statements, police statements, given more information than I can recall if I’m being honest. The details they’ve asked for are crazy. Now I’ve had a letter through basically saying they need me to be a witness in court or the case may fall through. I feel bad for the guy but is this just a bit much to ask? FWIW I’m self employed and a single parent. This is taking up much more of my time than I’d ever contemplated (I was just doing a natural human thing stopping to help someone). The guy has my phone number and has chased me if I’ve taken a while to respond to solicitors with my statement.

wwyd? AIBU to want to block everything to do with it?

YADNBU
I entirely understand where you’re coming from. I wouldn’t do it. Tell them they’ve got more than enough information and then stop contact.

This has already cost you hours and hours in time and effort already, not to mention the pressure he and his solicitors are putting on you, which you’ll never get back or get compensated for.

I hope the ‘pint’ was worth it.

So what? In what way do you think it will prejudice the case? It’s not criminal proceedings but some bloke out for compo. No one will give a shit. Unless there’s a court order she can say what she likes.

Never heard of a case where claimant pays out to witnesses - wouldn’t this be morally questionable as surely it could be seen as bribery.

I had a witness to a RTA with a careless driver driving headlong into me and my child and baby without looking into the road he was turning into. The witness was reluctant and never agreed to it in the end (this was a witness for the police statement, nothing in court). (For her I think she was wary of the dealer who was driving hunting her down rather than anything to do with hassle). No way would it ever have crossed my mind to pay her for her “efforts”.

It’s not a criminal case for a summons. He’s suing. It’s civil.

You can still get a witness summons in a civil case.

You suggest that they can rely on CCTV, but you don't even know whether the cameras were working, let alone whether they picked up a good view of the incident.

Being self employed it means loss of earnings, it means arranging child care as a single parent.

Check with the solicitors - you may well be able to get witness expenses.

I doubt he has bought OP a pint.

I think it's perfectly fine to want witnesses to support someone/speak up, but not for the witnesses to have to put their life on hold, and be constantly contacted by the victim, and his/her solicitor, and the police, and so on and so on. Once someone has done a written statement about what happened, and put (in full detail) everything they saw/witnessed, then that should really be it.

In some cases (like with the OP) it should not always be necessary for them to attend court. Why are they even there anyway? Just so they can be torn apart by the defence and called a liar? Why would people lie, and make stuff up, and embellish things if the victim is someone they don't know? They have already told the police what they know and done a written statement. All being a witness in court does is cause people stress and anxiety, and putting their life on hold.

As I said, I have known people whose lives have been completely upended by being a witness. They can't relax, they can't enjoy life, they can't plan anything because they don't know when they're going to be needed again. They're constantly hounded by the victim's solicitor (and sometimes the victim's Family Liason Officer,) and the police, and they get asked the same questions over and over again, and are often asked to keep writing/re-writing what they've said multiple times already. And THAT is before they have to stand up in court!

And after the case is over, some people find their life is not the same again, and they're a different person after being so anxious and stressed during the trial, and the aftermath of being a witness (ie; everyone knowing they spoke up in court against someone, or were a 'grass.' Sometimes people turn against witnesses, especially the family of the accused that they were testifying against.)

In addition, some witnesses feel anxiety and fear for speaking up against the 'accused.' Some may have unsavoury connections and backgrounds, and sometimes know a number of 'dodgy' and dangerous people. (Sometimes they're dodgy and dangerous themselves!) Many witnesses live in a state of constant worry and panic while the court case is going on too, and for quite some time after.

It's really no wonder that some people don't want to get involved. As I said, I wouldn't, unless the victim was one of my loved ones.

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If hes suing Tesco its civil court and you can declined if its a criminal matter i would take advice before declining

Don’t be daft 😆 threaten the court case? Tesco don’t get to tell witnesses they’re not allowed to speak about what they saw

But the witness has admitted to “witnessing” things she hasn’t seen, aka, saying untruths. That will threaten the victims case.

I've worked in the courts for years. Witnesses regularly do not attend trials. Never seen any repercussions yet. My (criminal) court had 7 trials listed today. None went ahead due to either witnesses or, in 2 cases both witnesses and defendants not attending. All dismissed after no evidence being offered from the CPS. ( one had res gestai refused)
I would urge anybody on this thread with a day to kill to attend their nearest court to see the joke of a justice system. I guarantee you'll be shocked

You can ask for special measures in a court and go behind a curtain so only the jury, judge and barristers can see you and not the defendant.

Or the barrister can just read out your statement in court if they’re ok with that without you present

What? And no it won’t.

the court will take her testimony on the day. That’s why she’s been called

YABU. You witnessed it, the victim of the crime needs some back up. If you're the main witness and you back out, that's really shitty for the victim.

The fact that theres not a criminal case for a hit and run is pretty sad. Sounds like this civil case is the only justice the victim is going to get for a crime committed against them. I wonder if they feel vulnerable, even if they weren't hurt too badly. I can't imagine someone hitting me with a truck and then just driving off, and how that would leave me feeling.

Having your own health issues does not exempt you from what's morally and ethically right or wrong. I'm also ND. It may be harder for you to organise your time, but that's neither here nor there when needs must tbh.

That’s why I said I’m surprised she named Tesco, as I’m sure people from Tesco head office will frequent mumsnet - as thousands of people do.

You can disagree all you want, no need to comment on my opinion.

It might be the Ocado man, and OP has changed details for privacy.

Yes, I wondered if she changed the details - hope so!

I don’t understand why you would refuse to do this.

It’s not about disagreeing, it’s just incorrect. OP is allowed to talk about Tesco all she wants. They have literally zero come back or opinion on this

If I was you I’d just tell them it’s been that long I couldn’t ’remember’ anything 😂

But why would anyone report back to you about any action they take against witnesses who fail to turn up?

They can only do that if the judge agrees. If the defence wants to question things that are in the witness statement, it's unlikely that the judge would agree.