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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My son tried to stop a friend from drink driving and they

Resolved Question:

Hi
My son tried to stop a friend from drink driving and they got into a fight about it and the Police were called. Both my son and his friend had been drinking.
My son made a statement which noted that he was trying to get his friend out of the car. However, when the Police arrived, his friend wasn't in the car, so the only witness is my son.
My son's memory of the events since then are not perfect and he has phoned/written to retract his statement but the police are not responding to his actual request but talking about the case going forward.
He has been told that because he was drinking that night, he will be taken apart by his friend's solicitor in court. He notes that this will be easy to do as his memory is disjointed.
He is the only witness and as he was so drunk, would be a very unreliable one, so I can't understand why the police are going forward knowing this cannot win. He doesn't even know if his friend was attention-seeking or would have actually driven (his friend's girlfriend had just dumped him and he was overly emotional).
Is there anything he can do to safeguard himself and formally retract his statement.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Expert:  Jo C. replied 1 year ago.

Sorry, I couldn't see your question below.

Customer: replied 1 year ago.
HiMy son tried to stop a friend from drink driving and they got into a fight about it and the Police were called. Both my son and his friend had been drinking.My son made a statement which noted that he was trying to get his friend out of the car. However, when the Police arrived, his friendwasn't in the car, so the only witness is my son.My son's memory of the events since then are not perfect and he has phoned/written to retract his statement but the police are not responding to his actual request but talking about the case going forward.He has been told that because he was drinking that night, he will be taken apart by his friend's solicitor in court. He notes that this will be easy to do as his memory is disjointed.He is the only witness and as he was so drunk, would be a very unreliable one, so I can't understand why the police are going forward knowing this cannot win. He doesn't even know if his friend was attention-seeking or would have actually driven (his friend's girlfriend had just dumped him and he was overly emotional).Is there anything he can do to safeguard himself and formally retract his statement.
Expert:  Jo C. replied 1 year ago.

Sorry if I am missing the point but why should they not be able to win?

Customer: replied 1 year ago.
The point is that my son doesn't feel that he can go to court and give evidence when he feels that as he was drunk at the time of the incident and giving the statement and his recollection of the sequence of events is hazy, he wishes to retract his statement.However, he is being ignored when he has asked, several times now, to retract his statement. How does he go about formally retracting his statement?
Expert:  Jo C. replied 1 year ago.

There is no way of doing that I'm afraid.

He can always tell them that he is not willing to support the case but that doesn't really address what you want to do. If you are hoping that he can remove his statement from evidence then that is not possible. Once a statement is made it is evidence.

They choose to summons him. They get very free with that power now that it is in use with domestics. Whether they would or not is another matter.

I'm very sorry but once you make a statement in S9 form you cannot remove it from view.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Thanks. So the upshot is that we can ask to retract the statement and advise that he will not turn up to court. However, if they wish to force him to do so, they can summons him?
Expert:  Jo C. replied 1 year ago.

Yes, that is right I'm afraid.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.