I’m a witness but I told the police something that isn’t truthful: independent legal advice in criminal cases.
Date Updated: April 28, 2020
Written By: Ravi Prithipaul (Alberta Criminal Defence Lawyer)
Summary
It sometimes happens that a witness in a criminal case will need to communicate something, before having to testify in court, whether to counsel involved in the case, the police, or the prosecution. For example, a person may have reported something to the police that is inaccurate or even misleading and needs to “come clean”. Doing so, however, could expose that person to legal jeopardy. How best then to convey that information?
Detailed Law Breakdown
An individual who made observations and has knowledge of a crime or some relevant event is considered a witness. The law requires that witnesses be honest with the authorities. It is an offence to obstruct justice, to make a false complaint to the police, or to lie under oath. The need to be truthful and accurate is a serious matter. After all, a false report of can result in an innocent person being wrongly accused, and even convicted, of a crime he or she did not commit.
Situations arise in which it becomes desirable for a witness to communicate with the authorities. The complainant in an assault may want a no-contact condition changed so that she or he can resume communicating with a domestic partner. In extreme cases, a witness may want to recant, that is, retract, his or her report to the police. There is a whole range of circumstances in which a witness after having made an initial police statement may want or need to talk to the prosecution. In such situations, it is desirable for the witness (whether an alleged victim or simply a person who observed an event relevant to the case) to seek independent legal advice before initiating contact.
The same lawyer cannot represent both the accused and a witness in the same case. If contacted by a witness, the accused’s lawyer will refer that person to independent counsel. That lawyer will, in turn, advise the witness on his or her rights and obligations. The need to be truthful and honest is paramount. Additionally, however, independent counsel can play a vital role in protecting the witness’s interests.
Take the example of complainant in a domestic assault case who wishes to have contact with the accused, her spouse, and she wants to inform the Crown that the prosecution is not in her best interests. Her husband has a lawyer but that person cannot independently present the wife’s position to the Crown or the Court. If she speaks to the authorities on her own, she could be seen to be beholden to her spouse. However, her own independent counsel can inform the prosecution that she has been advised of her legal rights and obligations, and is advancing her interests of her own free will.
Thoughts from a Criminal Lawyer’s Perspective
Independent counsel can also play a vital role in cases where the witness quite honestly needs to change his or her evidence. A person in that scenario runs the risk of being criminally charged for offences such as obstruction of justice or even perjury. The lawyer’s function is to evaluate the situation and, to the extent that is possible, protect the witness’s interests.
Ravi Prithipaul, Q.C. is a capable criminal defence lawyer with over 25 years of experience in defending all kinds of criminal cases and providing witnesses with independent legal advice. If you are a witness in need of independent legal advice, call Mr. Prithipaul at 780 705 7737 (www.prithilaw.com).
Last modified: April 30, 2020
