Legal Advice Please

[atfc village]

Today i took a phone call from a brief asking me to appear as a defence witness for my ex boss in a fraud case.To cut to the quick it was a building job where the client ended up losing 40k.They were a lovely couple who got another builder in [Albion ST holder] and they asked him to get us to finish the job,now i think my ex boss is guilty charged with fraud.Am i within my rights to refuse to attend,this is worrying me .

 

[Tory Boy]

Today i took a phone call from a brief asking me to appear as a defence witness for my ex boss in a fraud case.To cut to the quick it was a building job where the client ended up losing 40k.They were a lovely couple who got another builder in [Albion ST holder] and they asked him to get us to finish the job,now i think my ex boss is guilty charged with fraud.Am i within my rights to refuse to attend,this is worrying me .

Only a court summons can make you attend.

However if you refuse they could ask the court to issue one.

TB

 

[atfc village]

Only a court summons can make you attend.

However if you refuse they could ask the court to issue one.

TB

Cheers TB then i tell the truth and feck him anyway.

 

[Kazenga <3]

Turn up and tell the truth surely? Justice is the winner

 

[Goldstone1976]

Only a court summons can make you attend.

However if you refuse they could ask the court to issue one.

TB

Cheers TB then i tell the truth and feck him anyway.

TB is right; the defence counsel cannot force you to give evidence. It's extremely unlikely that they will ask the Court to summon/subpoena you if you decline their invitation, since they will be worried about what evidence you may give. Their concern would only be increased if you were to tell the defence counsel that the reason you do not want to give evidence is because you think that evidence is unlikely to help their client's case...

However, conversely, if the prosecution counsel find you, there's a pretty good chance that they will subpoens you if you don't go voluntarily, because your evidence would help their case...

 

[atfc village]

I never had dealings with money or contracts ,but you just know when things aren't right.I've never had dealings with these things and it just worries me ,sincerly thank you for the advice.

 

[AlastairWatts]

If he's your ex-boss what, exactly, do you think you owe him? Unless you are best buddies or something I'd stay well away from this one: you never know what can happen in the end. I run a pub (not in Brighton) and a few years back we had a really busy night with a big Champions League match on the telly. No trouble, no problems and everyone had left by 12.30am. Next morning I got a visit from Thames Valley's finest. A (supposed) customer staying in an hotel three miles away had for some reason gone out of his hotel room @ 2.30am, crossed the M40 motorway on foot, getting himself run over and killed. Neither I nor the staff could remember him or the group of people he was supposed to be with. About a year later I got a letter from the police asking if the statement I'd made could be released to the family's solicitors. I refused: next thing it would presumably have been my fault as the pub licencee for selling him drinks thereby leading to his strange and unexplained death. My advice: stay well away from legal things like this unless you're forced to go...