The Plaintiff Alisha is suing the Defendant Benadine in a civil action claiming damages in a court of competent jurisdiction in Pacifica arising out of a collision at an intersection on 6^th August 2022 between the car in which Alisha was a passenger and Benadine's car.

Benadine has denied any liability.

Counsel for the Plaintiff Alisha called Joe who was the driver of the car in which Alisha was a passenger at the time of the accident. Plaintiff's Counsel has Joe's signed statement to the police made 6 months after the accident in which Joe described how he had stopped his car at a red light when Benadine's car slammed into the rear of his car causing Alisha to be thrown forward violently and thereby injured.

During the Evidence in Chief of Joe the following questioning takes place.

Q 1. What happened then?

A. I slowed the car down as we approached the lights.

Q 2. What colour were the lights?

A. Changing from Red to Amber I think.

Q 3. What did you do?

A. I can't recall anything else.

Q 4. Did you see any other vehicles at that time?

A. Listen mate it's all just a blur in my mind. Why don't you ask your mate Alpha, he's got all the answers.

Answer ALL of the following questions.

2. What can Plaintiff's counsel do with the witness Joe? Detail fully the 2 relevant law. Illustrate your answers with 2 cases.
4. What use can be made of the signed statement by the witness Joe? Explain fully the significance of the statement, its evidential effect and the procedures that should be followed in making any use of it. Illustrate your answers with 2 cases.
6. Outline the rules relating to the refreshing of a witness' memory in court and why the rules do not assist Plaintiff's counsel in this case. Illustrate your answers with 2 cases.

Answer rating: 100% (QA)

What can Plaintiffs counsel do with the witness Joe Plaintiffs counsel can attempt to refresh Joes memory regarding the events of the accident by using his signed statement made to the police six mont... View the full answer