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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10174
Experience:  Barrister 17 years experience
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i and four other stewards are manning a junction for a cycle

Customer Question

i and four other stewards are manning a junction for a cycle race, no1 steward waves his hand in order to slow down the car ie make the driver aware that there is activity here. the driver ignores this and proceeds with speed to the next steward who has his back to the approaching car with no1 steward shouting at no2 steward to watch out. no2 steward turns to to face the approaching car which now is only feet from him. he tries to dodge the car by weaving from right to left and finally jumping towards the middle of the road in order to escape the oncoming car.
I am going as a witness to court as we reported the incident to the gardai. (careless driving)
what questions is his solicitor going to ask me. the gardai say that this is not a clear cut case and dont think that they will win the case. I have never been to court in my life and am very nervous in any situation. thanks.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, you need to realise that the solicitor for the motorist is going to ask you questions which tend to suggest his client is not at fault. These will be based around what identification you have as stewards, did you have flags or were you wearing clothing which would identify you as being stewards, did you have Garda authorisation to act as stewards?, did you have lawful authority to slow down motorists?, was it immediately obvious to the motorist that you were a steward and not some potential assailant or thief who would cause annoyance or harm? All questions which would suggest that Steward No. 1 was not properly identified. For example waving a hand can signify anything, for example. Essentially, all questions which will throw doubt on the fact that the motorist behaved carelessly or recklessly. The solicitor will also make the case that Steward No.2 was the person causing an obstruction in the roadway, jumping into the middle of the roadway, rather than jumping off to the side where he ought to have been. Questions will be asked as to whether there were signs up advertising your presence or was it a situation where an unknowing motorist would merely meet these hand waving people on the roadway? You need to be clear of your ground on all these questions so that you can answer them.

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