EIC lawson and turner - Example of EIC and cross examination of a witness. This is just an example of PDF

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Summary

Example of EIC and cross examination of a witness. This is just an example of how i broken this down....

Description

EIC – LAWSON AND TURNER (Defence for Turner) a court process in which a lawyer asks their first questionsto their own witness, in order to begin proving their legal argument: EIC – The witness is going to tell the story to the court.

1. Who 2. What 3. Where 4. When 5. Why 6. How 7. Could you tell the court (in the right context) 8. Please could you explain (in the right context) 9. Please could you describe (in the right context) 10. Could you show the court (in the right context)

1. Introduce plans and exhibits Mr x can I invite you to look at exhit 1 which is a plan of the car. Would you mind holding the plan up and point to where you were position. You honour can the court recive the exhit 1 in this case. 2. Slowing the witness down. Mr x can I pause you there a number of people are taking of note of what you are saying, can I ask you to speak a little slower please. 3. Moving events forward. Can I pause vc-fdr45you there, I know there was a time that you were around the bins. Can I move you forward to that point and please and you can pick up the account from there. 4. How to end the EIC appropriately MRS Ac I have no further questions but please remain where you are my learned friend for the defence may have some questions for you. 5. Memory refreshing. Would you assist to refer to any form of a note or you statement that you made about the chase. Your honor may x have leave to to refer to the stamen to refrensg their memory please. 6. Inadmissible evidence

Can I pause you there please. 7. To speak louder. Can I pause you there, for the other member in the room and the jury who are sitting at quite a distance can I ask you to speak louder so your voice can reach them.

-Who was the party? - What about happened around at 10.30 - Who is Tom Ellis? - Could you tell the court please what happened shortly before mid-night? - mrs chatty please can you give the court you fall name - What is your occupation? - now mrs chatty can I ask you where were you at about 10.30 on the eving of 11 july 2014. - and who was the party for - why would you through a party for your husband - was there a theme for you rpart What happened at 10,30 that evening. How at all you know TE NOW how long that you have been married for And prioer to your marriage with you huband how far past were you with mr ellis And who terminated the marriage with TE AND Briefly why did you terminate the relation -NOW let me stop you there MRS Chatty. - since you have broken up with TE have you kept in touch with him - Why have you been in touch with him - how often do you seen TE - Let me just phase you there mrs chatty if I may - now you mentioned a moment ago that TE arrive at 10,30

- did he arrive along or with others - what was mr ( I do appligies let me repharse the question) what went through you mind when you saw mr ellis arrive. - was mr ellis in fancy dress - what was his deminer when he arrived - now at this stage did you see him speak with other guest And how was be behaving with others -

As far as you could see what was the reaction of others of this clown like behaviour? Now – mrs chatty were were you most of the eveing What were you doing in the kitchen Now what happened shortly before midnight Why did you go and HAVE A chat with mr ellis Where were you when you At this stage was there any phycail contact with TE WHY DID YOU DFO THAT MRS CHATTY What happened when you were talking to TE NOW Mrs chtty how clearly did mr chatty say that to TE When mr chatty your husband said that and TE got up and left did he say anything at that time. Where did you go after TE left the party.

Cross Examination

Frog boil Witness statement Inconsistent statement - you mentioned that you can I ask you to look at your signed declaration where in you statement you have mentioned that he kicked. It is not there MR C because it is not there an you have added this in to get my client in to trouble.

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Now MR chatty about 10.30 MR TE arrived It was your special evening it was your 30th birthday party You invited a number of friends and family hadn’t u So far as you were concerned you had not invites mr Ellis to you party had you? It occurred to you did it not at that time that he maybe gate crashing. And as you mentioned that you wife keeps in touch with mr ellis it must have incurred to you that she may have invited him to the party. Either way gate crasher or he was infant invited you were not happy to see him were you? Now he was playing up when he arrived. Your evidence that he came to find you around 11 that he was making a joke about your customer. Indeed and you evidence was that he laughed at you It was joke at your expense. And this was in front of your guest was it not. Now your evidence was that over the next hour his behaviour got worse and at one point he said to you guest your costume is shit. Then as you were walking past he said ‘having a nice time cod face’ Now at that point you had enough and you decided to fire back didn’t you? And you said to him that ill shank you You are off Jamaican origin are you not You understand what shank means don’t you,. Shank means to stab you does it not? I suggest to you, you do know what this means? Mr chatty if one comes to court and say that they have said it If they said it was admanting you would accuse them of lying Now mr ellis di a dance to you music And you were quite annoyed by that You were annoyed because someone was turning down your music And cap it all at midnight you sae mr ellis talking to you wife And they werew sitting an having a chat weren’t they. The lighting was vert low was isn’t it and you saw it at some distance And pair of them were moving around

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And it fair to say that your wife was not distress and they were chatting. But it was your evidence ealer that you meniotned that you wife was getting distrsses ealrit and that why you went over and asked him to leave. Or have you now changed your story. I suggest to you that you were uphappy to see your wife with ellis and that actually broke the camels back and you asked ellie leave. You were angry but under control. Mr ellis left straight awat didn’t he Some 15mins later you were in your kicten wasing up a And you heard mr ellis and he had defined you and had come back. You said the clart is in the yard did you ? And you marched out to deal with mr ellis And you were angry att his point were you You wanted no nonence and you wanted him off your property did you? You did you want any argument or struggle But If one grabs the subject by there...