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By R. Jayabalan
The use of witness statements have taken away substantial pressure and hurdle off the witnesses in presenting their evidence. A well thought out witness statement ensures that, theoretically atleast, the witness starts on a good footing.
But the fate of the evidence in examination in chief mostly (very) hinges on how the witness performs in cross-examination and whether his evidence survives the onslaught of the cross. So what are the key precautions for a witness facing cross-examination?
1. Speak only to answer the question. Otherwise keep quiet, very quiet.
2. Speak up and speak out. Your voice must be heard and comprehensible – before it is understandable.
3. Only answer the question asked, nothing more, nothing less. Be economical (very) with words.
4. Be polite and courteous to the counsel and the judge. Do not argue with the counsel, don’t act smart (remember what they say: you can never win an argument with a lawyer!)
5. If you do not know the answer, say so. If you don’t remember, say so as well. If you need to refer a document, again, say so.
6. In answering don’t guess, presume or speculate. Stick to the facts (only). Don’t be emotional.
7. Answer the question honestly and truthfully. Think like a layman, don’t think like a lawyer, ever.
8. Don’t be pre-occupied thinking where the cousel is heading to. Don’t think a few steps ahead of the counsel.
9. Feel free to ask for the question to be repeated/explained. Take your time in answering but not too long, and certainly not too fast or too quick.
10. In answering a ‘yes’ or ‘no’ question, don’t worry, you can explain later in re-examination. Your counsel will know what to do.
May the force (and often Karma!😁) be with you in court.
R. Jayabalan
MESSRS R. JAYABALAN
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