Prosecution Witness - Going on Hols...

[jasandjules]

What is the situation if you are a witness for the prosecution, but get a letter on Friday saying the case is in two weeks, but in 1 week you are flying off on a two week hol.

I can only think if she can get someone else to give the evidence (it is against an employee of her company who "borrowed" some stuff), but would the court accept a sworn affidavit in lieu of being in the country?

I don't know as yet if she is a material witness so don't know about applying to have the order struck out.

Anyone got any easy solutions?

[Dwight VanDriver]

No problems

Advise Court Office soonest that witness not available due to Court date clashing with holiday arrangements. They will adjourn the case to a more accomodating date. Unless the case/evidence is that crutial that they will pay for witness to attend from holday.

Possible that they may go ahead depending on how crutial evidence to be given is.
Witness will have made a written statement which, if the defence agree, can be read out at Court.

dvd

[jasandjules]

Yep, that is pretty much what I thought, they can use a sworn affidavit or have a deposition made. I also have asked them if there is anyone else within the company who can give the same evidence.

Thanks, you have put their minds at rest.