Is it wrong for a witness to..?

Question

is it wrong for a witness who is giving a statement to make comments on the case to third parties? i.e. telling third parties (friends and employees) about certain details of the case before the hearing.

what actions, if any, can the defendant take up against this 'witness' for unfounded comments?

Answer 1

hmm it depends on the situation and the people

Answer 2

A judge can issue a "gag" order so that the defendant/plaintiff cannot discuss the matter.  Obviously a jury cannot discuss the case during trial.

If a witness is not party to the gag order, they judge cannot restrict their freedom of speech./

Answer 3

It could be contempt of court. However, it would be difficult to stop 'chatter'. When someone has the spotlight on them they like to bask in it. If the case was in progress, that would be a different matter, especially where a case is held 'in camera'.

Witnesses chatting can cause the police a headache as their evidence can be tainted and false memories can be caused.

It is not up the the accused to take action at this stage, it may form grounds for appeal if convicted.

The prosecutor may wish to interview those involved to assess the damage to the prosecution case, if any.

Answer 4

It's not illegal to discuss the case with a third party, normally Victim Support contact a witness and they are a third party. It's only when the trial is taking place that the Judge normally instructs the witness not to discuss the case. If the witness is making untrue comments then the defendant should report it to his solicitor who will then report it to the Court.

Answer 5

No, it is not illegal, or necessarily wrong for a potential witness to talk about a case before giving testimony.  It is illegal to discuss the case during the actual trial, if the judge admonishes the witness not to discuss the case or his/her testimony

Answer 6

yes, it is very wrong.  The blabber mouth busy body can be held in contempt of court, very serious

Answer 7

Most cases are sub-judicae, and as such are subject to secrecy during the trial.

Any witness giving information to third parties could find themselves in contempt of the court and subject to their own trial at a later stage.

Answer 8

Yes it is wrong, nobody is really supposed to discuss the case with a third party until it's over. If the defendant has proof they should speak to their lawyer, they may be able to get the witness out of the case.

Good Luck