Witness Examinations

Witness Examinations

Witness Examinations produce the evidence that trial judges base their decisions on. A lawyer’s witness examinations ability, the skill to examine his or her own witness and cross-examine an opposing witness is essential to success at trial.

 

R. v. Shane Sutton – Witness Examinations

Shane Sutton’s marriage was falling apart.  His wife was having an affair and wanted to get him out of her life.  She accused of harassing her.  Shane was charged with criminal harassment.  He was arrested and barred from returning home.  His wife quickly took over the matrimonial home. Read more about witness examinations in this case. Read this testimonial.

Witness Examinations: Cross-examination of Tamara Cruz, an evasive witness

Witnesses can sometimes be evasive. This is often to avoid having one of their lies exposed or because they know their story will unravel upon close scrutiny. An example of this occurred with Tamara Cruz, who was a key Crown witness in a sexual assault she had claimed to have witnessed. When her own criminal past came to light, her manner on the stand quickly changed and undermined the reliability of her testimony. Read more about witness examinations in this case.

R. v. W.Z. – Witness Examinations

Willy was charged with criminal harassment and sexual assault.  He had been having an affair with a co-worker.  When her husband found out he threatened to take sole custody of their children and prevent her from ever seeing them again.  She panicked and claimed that Willy had forced her into the relationship and had been threatening to expose it in order to keep her involved. Read more about witness examinations in this case. Read this testimonial.

R v. R.M. – Witness Examinations – Cross-examination of police witnesses

Ruben Miller was pulled over by the police. His car was searched and the police found drugs and a weapon. Ruben insisted that he was driving normally and did nothing to draw the attention of the police. The police officer claimed that Ruben was driving dangerously and that is why he pulled Ruben over. It was Ruben’s word against the police officer’s word: A tough situation to be in. Read more about witness examinations in this case.

R. v. M.D. – Witness Examinations – Examination of a defence witness

Manfred Dactyl was charged with sexual assault. He had been accused of raping a young girl named Cherice. Cherice was only 15 at the time of the incident. Manfred believed that she was 19. The theory of the defence was that the two did have consensual but unprotected sex. Although Cherice was only 15 at the time, she was old enough to give legal consent. Cherice became pregnant and didn’t know how to handle it so she ignored it. It was only when she was forced to tell her mother of her pregnancy did she claim to have been raped. Her doctor’s notes supported this position. However, the Crown refused to call the doctor as a witness. This meant that the defence would have to call the doctor. A careful examination of the witness was required since the defence would not have the benefit of cross-examination and the doctor was not a defence-friendly witness. Read more about witness examinations in this case.

R. v. A.A. – Witness Examinations, Cross-examination of trial lawyer

An effective cross-examination often means the difference between winning and losing. A hard-hitting cross-examination of Arn Anderson’s original trial lawyer was essential to demonstrating that he had, in fact, been forced into pleading guilty and to ultimately winning Mr. Anderson’s appeal for a new trial. Read the cross-examination of Arn’s trial lawyer that eventually resulted in victory for Arn. Read more about witness examinations in this case.

 

You’re Invited to Call or E-mailWitness Examinations

If you’ve been charged with a crime – or think you might be charged in the future – you’re invited to call me. I’ll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You’re invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.

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