![]() It is improper to omit material where such exclusion renders the evidence untrue or misleading.The BGuidance considers the possibility that omitting material from a witness statement can, in certain circumstances, improper. The witness statement should not be drafted or edited so that it no longer fairly reflects the answers which the witness would be expected to give in response to oral examination-in-chief in accordance with the witness’s oath or affirmation.”ĮXCLUDING FACTS TO THE EXTENT THAT THE STATEMENT IS THEN MISLEADINGĪlthough a witness statement should not anticipate cross-examination. (iii) Must contain all the evidence which a witness could reasonably be expected to give in answer to those questions which would be asked of him in examination in chief. ![]() Nor should the witness be placed under any pressure to provide other than a truthful account of his evidence. (ii) Must not contain any statement which Counsel knows the witness does not believe to be true. Provided that nothing in this paragraph shall prevent a barrister drafting a document containing specific factual statements or contentions included by the barrister subject to confirmation of their accuracy by the lay client or witness.” ![]() … (d) in the case of a witness statement or affidavit any statement of fact other than the evidence which in substance according to his instructions the barrister reasonably believes the witness would give if the evidence contained in the witness statement or affidavit were being given in oral examination “ A barrister must not devise facts which will assist in advancing the lay client’s case and must not draft any … witness statement affidavit … containing: (i) Must accurately reflect the witness’s evidence. MATERIAL CANNOT BE IN THE STATEMENT WHICH IS UNTRUE Ultimately it is for the judge to decide the correctness of the witness’s evidence. If the witness maintains the evidence it should be recorded.It may be appropriate to draw the witness’s attention to other evidence that conflicts with what the witness is saying and may make it difficult for a court to accept the witness’s evidence. ![]()
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