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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Did a witness statement 9.5years ago. Been asked to be a witness

Customer Question

Did a witness statement 9.5years ago. Been asked to be a witness in the criminal court case. Read my statement and most of it I can't remember. Also the police lost my Audio version and they could only provide me a transcript and are asking me to sign it to say I said everything. I signed it 9.5 years ago, why do I need to sign it again? What do I do?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Had you not signed the transcript last time?Did you get a copy of it at the time and do you think you still have it?
Customer: replied 10 months ago.
I signed paper work and did finger printing 9.5 years ago. I don't have anything apart from the transcript from my audio I was given. I was given audio back then but it has vanished and I have been told by the detective their copy is gone or doesn't work
Expert:  Leon replied 10 months ago.
Good EveningDo you recall at the time you signed the transcript was it the same as the recording?If not then you cannot sign it now because it will be given to the defendant and you will be cross examined on it.
Customer: replied 10 months ago.
Actually I signed a document saying I made a witness statement I didn't sign the transcript. The transcript is the first I've ever received.
Expert:  Leon replied 10 months ago.
Do they have the witness statement you signed?If they are asking you to sign something different and you do not have a copy and not sure if it is what you said then you do not sign it.
Customer: replied 10 months ago.
No I wasn't ever given a copy of anything I signed. I don't know what they exactly have if they still have anything. All I know is they want me to read my transcript and sign it. The form I have to sign says' I hear declair I ..... Made this voluntary statement on ..... And it needs a witness to watch me sign
Expert:  Leon replied 10 months ago.
Good EveningIf it is not what you recall you cannot sign it. It will be used as the evidence by the police in the case. You will be called as a witness and cross examined on this and if your testimony is going to be I do not recall then it is a problem. You have to read it and talk to the officer and advise him of what you do not recall and it should be removed. If they have lost the tape this is there problem. But you only sign what you know is tou and correct and if you do not remember you cannot sign it.
Customer: replied 10 months ago.
They have already supeoned me 4 weeks ago and sent me the transcript 2 weeks ago.
Expert:  Leon replied 10 months ago.
Good EveningYou have to speak to them about what they want you to sign if you are not comfortable .You are a witness but they have lost critical things and you cannot be forced to sign something you are not sure about .
Customer: replied 10 months ago.
But if I don't sign can they put me on the stand? They have to understand it has been 9.5 years. Feeling so scared
Expert:  Leon replied 10 months ago.
They can but you can only be cross examined on what you sign. So what you are not sure about you should have removed.

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