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Police witness statement, Error in Police witness statement - Vehicle Color
Benbow
post Thu, 23 Mar 2023 - 16:42
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A case is going to court, and the police state they clearly saw the WHITE vehicle.

in fact my vehicle is not WHITE, the police also submitted a photo of a BLACK vehicle.

Can the case be dismissed on a technicality in the court
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post Thu, 23 Mar 2023 - 16:42
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southpaw82
post Thu, 23 Mar 2023 - 17:36
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QUOTE (Benbow @ Thu, 23 Mar 2023 - 16:42) *
Can the case be dismissed on a technicality in the court

Yes. Whether it will be dismissed in respect of the error you mention is by no means certain.

Is the maker of the statement going to be called to give evidence?

Are the other details of the vehicle (particularly the registration) correct?

Did the maker of the statement witness the offence or are they merely processing photos?


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The Rookie
post Fri, 24 Mar 2023 - 08:59
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Have you asked for the witness to attend? If not you have accepted the witness statement as is, whether the court find that a reason to dismiss the evidence is down to them, but personally I think it unlikely (or they may adjourn and ask him to attend).

If you asked the witness to attend then he will correct his statement and if the court find the explanation credible (likely) then it becomes an irrelevance.


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southpaw82
post Fri, 24 Mar 2023 - 09:47
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QUOTE (The Rookie @ Fri, 24 Mar 2023 - 08:59) *
If you asked the witness to attend then he will correct his statement and if the court find the explanation credible (likely) then it becomes an irrelevance.

He will correct it if he gives the wrong evidence again. If he now says it’s a white vehicle then his previous inconsistent statement can be put to him but it’s likely to be a bit “so what?”


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disgrunt
post Fri, 24 Mar 2023 - 10:54
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It depends, are you disputing it was your vehicle?

Facts around the case might help?

Eg were you stopped at the time? Is the police officer whose statement says white the one who stopped you? Does the colour of the car have any bearing on the case?

You might be able to make something of it in the right circumstances, but if it’s just a typo or copy and paste error from a previous witness statement maybe not.
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