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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Alex WattsFrom ***** ***** Alex,Hope you

Resolved Question:

Alex Watts
From ***** *****
Hi Alex,
Hope you are having a good weekend.
I have about 5 questions below – would you prefer me to ask them separately (so to speak) or it is O.K. to put them on one question thingy.
OK, this one might be a bit long winded –
For the Committal Proceedings
The Defendants in the case finally produced their documents just before 4pm on the required day.
The documents consisted of 9 different sections (not indexed correctly but I guess I will have to live with that).
Sections 1 – 4 have witness statements from customers (not the Defendants)
Question: if the witnesses do not attend can I ask for their statements to be disregarded?
Section 5 – has 1 witness statement signed by 3 of the defendants (not the 4th Defendant) – not the customer
Question: since the information on this statement is pure hearsay can I request that this statement be disregarded?
Sections 5-8 – is witness statements that are identical to those the court ordered them to amend (to include the statement of truth) and file on Friday 10th July – which they failed to do.
Question: since these statements appear to be for the ‘Main Hearing’ and not the committal and there is no relevance to anything in these statements with regards ***** ***** committal, can I ask that these statements be disregarded?
Section 9 – that was just an unsigned page asking for one of the defendants to bring her own translator (she is Malaysian – speaks Chinese).
Question: Whilst I don’t have a problem with this particular issue, would I be allowed to bring my own translator since I believe her last one was coaching her (I know him very well and he is of dubious character)
If the statements submitted are in fact for the ‘Main Hearing’ and not the Committal it would then mean that all four defendants have basically failed to put in any statements with regards ***** ***** committal proceedings.
Question: If this is the case would I be right to say to the Judge that they have failed to enter a proper defence with regards ***** ***** committal and since they have failed to produce statements they have forgone the right to give evidence on their own behalf?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello and thanks for requesting me.
1) Witnesses - yes if they fail to attend the statements can be disregarded.
2) Hearsay - the Judge can consider it but places less weight on it
3) Yes statements used in the main hearing can be used in the committal if required
4) The translator will be Court and only Court appointed.
5) Well they can rely on the main hearing ones. After all you are seeking to send them to prison to the Judge can consider the main ones.
6) No, because they can rely on the main ones. They need to have filed something that says, I didnt do it because of X,Y,Z.
Does that help?
Customer: replied 1 year ago.

Attachment: 2015-07-20_121642_ccf20072015.pdf

Alex Watts

Hi Ya

Thanks for the reply which is very helpful.

The Judge ordered them to re-submitt their statements for the main hearing in the correct format and by 10th July 2015.

The did not submit these statements.

However they did submit statements with the committal bundle on 17th July (one of them I have attached, the others are very similar - not got the correct information at the top, the beginning of the statement, nor paragraphed as required).

None of the statements refer to the commital, indeed they were prepared 15th May 2015, when the commital was not ordered 25th June and they did not have to serve the paperwork on me until 17th July.

Can you have a quick glance at the statement attached and give me your opinion on it (bizarlly it admitted that they have no agreement - yet that is their sole defence in the main case).

Would it be a statement that they can use for the committal ?

Also, taking into account they have failed to produce the statements under Practice Direction 32, and failed to serve the statements by the due date (10th July 2015) can I object to them for the main hearing ?

Expert:  Ash replied 1 year ago.
You can object yes in the main hearing. As for the committal application given you want the court to send them to prison they probably will be permitted.
Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.


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