Adrian Sutil 99 Support

[racechick]

He just did!

[stu112]

What I don't understand is, I thought if you are called as a witness, you HAVE to turn up. Witnesses don't just go about deciding if they are going to turn up at court or not, work commitments or not. Is this not strange or have I missed something silly and obvious lol? :S

[Hammer278]

What I don't understand is, I thought if you are called as a witness, you HAVE to turn up. Witnesses don't just go about deciding if they are going to turn up at court or not, work commitments or not. Is this not strange or have I missed something silly and obvious lol? :S

Actually this crossed my mind as well, but I thought maybe since its Lewis and he's like...one of the best F1 has to offer, he can do whatever he likes.

On a serious note, I'm no lawyer but feedback on this would be helpful.

[racechick]

I didnt think a witness could be forced to go, I thought it was up to them. Not sure though.

[racechick]

Found a bit here
http://www.cps.gov.uk/legal/v_to_z/warn ... witnesses/

Kinda sounds like they can but if you read the bit on 'calling witness' from abroad' they say only do it as a last resort.

[bud]

If Lewis was subpoena'd then he would have to appear in court or face his own punishment.

[stu112]

I didnt think a witness could be forced to go, I thought it was up to them. Not sure though.

Well generally if you are called as a witness (at least in the UK) you have to go. Witnesses to crimes can't just decide not to go if they don't want to (Imagine if you were the witness to a murder and decided not to go). It maybe depends on the type of case and maybe you get different classes of witness, i don't know, but it struck me as strange.

[andrew]

He just did!

Yeah, but he didn't need to.

I didnt think a witness could be forced to go, I thought it was up to them. Not sure though.

It depends on the country.

[stu112]

Found a bit here
http://www.cps.gov.uk/legal/v_to_z/warn ... witnesses/

Kinda sounds like they can but if you read the bit on 'calling witness' from abroad' they say only do it as a last resort.

Sorry racechick, i didn't notice this post underneath. Yeah it coould be different for witnesses from abroad, but then would this only apply if the case was in the UK. I have a friend who works for a Solicitor's so i'll ask them if i can, but again UK law wouldn't apply and witness law abroad may be different.

[racechick]

We need Zurich Allen's input here. He'd know. Zurich Allen!!where are you??

[darwin dali]

Maybe a written statement is enough instead of personal appearance?

[bud]

Depends on the subpoena, written evidence is allowed or the subpoena might be court appearance only for evidence.

[racechick]

He just did!

Yeah, but he didn't need to.

I would suggest that if you were argueing he did need to.


On the witness thing, I bow out. Im only guessing what the process is. Be interesting to hear from an expert though.

[LRW]

Im pretty sure that this was covered earlier in the thread, but I know somewhere I read that he had been subpoenad by the prosecution. However the prosecution had failed to fill in the correct paper work, or fill the right paperwork in correctly, meaning the subpoena wasdnt enforceable, and therefore if LH didnt want to go, they couldnt make him.

I'll try and find the source...

Ok, couldnt find any trace of it. But I did find this.

http://www.forumula1.com/2012/f1/f1-news/hamilton-absence-could-delay-sutil-trial-outcome/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Forumula1-News+%28Forumula1.net+-+F1+News%29

Seems that LH said - Dear Judge, Im sorry, Im busy that day, please may I be excused.
Judge said - Dear LH, of course, I dont think your evidence is that important anyway.

[racechick]

There we have it then.