evidence and police procedures - witnesses

Question 1

who is a witness?

Answer 1

someone who has information relevant to the matter under judicious inquiry whom the court orders to give information.

Question 2

what are the other characteristics of witnesses?

Answer 2

the court test the testimonial competence of the witness to by simple questions.

Question 3

what are the 5 requirements for the credibility of a witness?

Answer 3

1) knowledge of the facts to which he testifies.
2) disinterestedness
3) integrity
4) varacity - truthfulness
5) by any affirmation or declarations as the law provides to substitute for such an oath.

Question 4

what is the meaning of knowledge?

Answer 4

despite being disinterested a witness with integrity and veracity shall take their oath seriously and would be credible based on his knowledge of the facts he provides.

Question 5

should a witness be disinterested in the case matter?

Answer 5

a witness should not have the slightest degree of biasness, prejudice or partial to one party of the other. he should not have any pending matter for the same offence he was called to disprove.

Question 6

what is integrity? (good character/bad character)

Answer 6

a witness’ credibility would be affected if he was charged for the same offence. if he was charged for the same offence the opposite party would call the witness credibility into question.

Question 7

what is the oath?

Answer 7

deals with the seriousness of the occasion and being duty bound to tell the truth after an oat is administered.

Question 8

what is character?

Question 9

what is competence and compellability of witness?

Answer 9

a person who is capable of understanding that he is under an obligation to give truthful evidence, and who, in the opinion of the court is capable to understanding and of communicating a reply to a question.”

Question 10

who are not a competent witness?

Answer 10

1) husband or wife of a defendant
was not a competent witness
2)
3)

Question 11

who is a compellable witness?

Answer 11

is a competent (compellable) witness summoned by the court to tell the truth and penalized if they refuse to comply.

if they refuse to give evidence they can be prosecuted for contempt of court.

Question 12

what are the types of witness?

Answer 12

unfavourable
adverse
deaf and dumb
hostile
refactory

Question 13

who is an unfavourable witness?

Question 14

who is an adverse witness?

Answer 14

someone who turns out to be a liability rather than an asset as the give testimony opposite to what they originally said.

Question 15

who is a deaf and dumb witness?

Answer 15

once the court is satisfied with their intelligence so that information can be conveyed and received to them through sign language.

Question 17

who is the hostile witness?

Answer 17

someone who is opposed to the party calling him through: -
1) his behaviour,
2) unwilling to speak the truth
3) give contrary statements.

Question 18

how to treat a hostile witness?

Answer 18

1) cross examine - to ask other inconsistent statements
2) ask him leading questions
3) confront with previous inconsistent statements (whether he did or did not make it)

Question 19

who is a refactory witness?

Answer 19

a person who complies with the summons, warrant or verbal warning from the magistrate court (district criminal and traffic).

Question 20

what does the refactory witness does in the court?

Answer 20

1) refuses to be sworn as a witness.

2) after being sworn refuses to answer any questions put to him by the sanctions of the court.

3) neglect to produce any documents which he is required by the court to produce.