Tuesday, March 10, 2009

Nothing But The Truth!

Years ago, me and my partner were having 39B DDA trial. During cross-examination sessions on a particular police expert witness, we asked this question :-

Defence : The reason why the Police had to sent the box to you for finger printing and dusting is that the police do not know who is the criminal in this case?
Witness : Yes I agree

Because of his answer, we opted not to proceed with more cross.

During Re-Examination by the DPP, the witness were asked on why he agreed with our question earlier. He gave all sorts of answers, from the procedures of finger printing and dusting to the procedure of matching the finger printing and so forth. However, these answer was not to DPP's satisfaction (of course it still shows the police do not know who is the actual criminal in this case).

The DPP then again rephrased the question in BM and in English and persistently trying to highlight the point that he wants to make. The Judge were also trying to help the DPP in explaining to the witness of what actually being asked by the learned DPP. It was a serious discussion and explanation made to this particular witness and it takes more than 15 minutes just the explain it to him. Then after a few minutes pause...

Witness : I think, the answer to that question can only be one answer! (with his serious loud voice).

Both me and my partner were stunned by the witness gesture. It seems that he had found the big answer that can be used by DPP against our question previously. I looked at learned DPP's face at that time and he is smiling at me showing his eyes full of satisfaction over his success in making his point in asking this witness and perhaps the witness's coming answer will definitely slashed the credible point that we have made during cross examination.

I also looked at the Judge on the bench and she looks firmly serious and preparing herself to listen attentively for the witness to answer the big question. Tension and stress were all in the air, and suddenly after few minutes of silent...

Witness : The answer to that question is....... that I AM THE EXPERT!

We all stunned with his answer and we all paused for a few second. Then we heard a big laugh from the bench and we all looking at the Judge who were like having the biggest laugh of all time.

Judge : I am sorry Learned DPP. The answer were so obvious!

Then, me, my partner and the DPP were having a long laughing sessions during the proceeding. Because of this answer, the DPP were not dared to asked further questions. But hey, the witness still there sitting firmly not knowing what are we laughing for. Talk about the truth in Court... I must give this witness the highest credit of his Truth, nothing but all truth!

1 comment:

cohong gym said...

hahahahah memang kelakar. tapi memang betul jawapan dia. the box was sent to him because he is the expert. kalau dia tak expert mesti the box kena hantar pada orang lain