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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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I am defendinf a false allegation from an ex employee

Resolved Question:

I am defendinf a false allegation from an ex employee Jolanta Hadzic. and a witness supporting my evidence gave a lengthy statement to a Police Inspector in 2015. The other day I asked our local police station for a copy of the statement but a police Sgt ridiculed my request. I later discovered, from a police Inspector that the statement had not been gleaned by the police to help my cause but was instigated as a result of a PIRCinvestigation into my claim that the police had as PIRC concluded £not dealt with my complaint to a reasonable standard"
Background. Employee made off with £6.5K and new company lap top. When I pursued her for explanation she alleged to police that I was stalking her.Police refuse to act alleging it is a "civil matter". Police took a statement from me regarding lap top but not the cash. Your Lawyer JGM recently ruled that since fraudulent misrepresentation was involved in the missing cash then there does seem to be grounds for a criminal investigation into missing cash and I have passed this view on to police.
Under the above circumstances. Can I demand a copy of my friend's police statement while quite happy to have address and phone numbers redacted?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, you can ask for a copy of the police statement as part of the criminal process, under a disclosure order, once you have been charged with an offence. However, you will need to make this application before a court and to also give an undertaking that you will use this statement solely in order to defend your criminal charge. The police never hand out statements merely because someone requests one. A statement can be obtained as part of the bundle for criminal proceedings but any defendant must undertake to not use it for extraneous purposes before they will be given it. It is important that you appear reasonable when making such an application as the police can object if they believe there might be some interference with the witness. So, you should not pursue the matter aggressively with the police. Leave it to the court disclosure application to get the statement.

Expert:  Buachaill replied 1 year ago.

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