Witnessing-for our babies good future

A woman’s corpus callosum (part of the brain responsible for human behaviour and, possibly intuition) is averagely 20 per cent larger than that of a man. The things women are alert to, and can make sense of, are largely different from those men relate to. One study, though, maintains that men can duplicate this, albeit with a lot more effort than is required by women.

Either way, this is the kind of alertness we need to use in helping maintain justice and fairness—elements that are necessary for the society’s stability, an atmosphere we all want our babies to grow into. Yes it begins with you. You, as a witness, will help the court make the right decision, in turn establishing the coveted secure environment for our children and judicial structures that deliver.

Now, if you receive a document that says you have to be a witness in a trial, it’s because you may be a victim of crime, know something about a crime or incident, therefore, know one of the people involved in the case (called a ‘character witness’), or you may be having specialist knowledge of a subject (called an ‘expert witness’).

And if you choose to report a crime you have witnessed, you will be asked to give a witness statement to the police. It may take some time before you know whether you will need to go to court, as cases can take time to prepare.

Either side in a court case can ask you to be a witness. If they do, you will receive a document called a ‘subpoena’ or ‘summons to witness’, informing you to show up in court as witness. Read it carefully because it may require you to, for example, carry documents with you.

Attending court
A summons to witness requires you to attend court as stated. Since the summons has the name of the lawyer who is calling you to court, make a point of calling the lawyer to find out why they want you as a witness and whatever else is required of you. Confirm when exactly you need to be in court and, arrange for the most convenient time possible, if necessary.

If you fail to attend trial after receiving a summons, you can be found ‘in contempt of court’, and consequently get issued with a warrant of arrest.

If you do not think you should be a witness
If you have a good reason for not wanting to be a witness, you can ask a judge, via the registry, to cancel the summons, which he may do if he finds that you are not really needed as a witness, or that it would be a hardship for you to go to court.

If the summons is not cancelled and you do not make other arrangements with the lawyer for when to give your testimony, then you must go to court. Otherwise, the lawyer can ask the judge to have you arrested and brought to court.

People involved in court cases
The side making the claim, or suing, is the ‘plaintiff.’  The side responding to the claim, or defending, is the ‘defendant’. The notice you receive to be a witness in a civil case will show the names of both sides: the plaintiff and the defendant.

Preparing for court
o Think of the event or events you saw. Remember what happened first. What happened next? Try to recollect details like the exact date, time, features, action, and exact words used,
o Keep all the notes and documents you may have about the case and bring them with you to your
o lawyer (if you have one) before the court date—when you make your actual court appearance.
o Since most trials are open to the public, visit the courthouse to see what happens in court before your court date.

Trial day
o Dress modestly and in colours that will not shout for attention.
o Be punctual enough in order to identify your courtroom in good time.
o Wait outside the courtroom until you are called in. As you wait avoid talking about your evidence with other witnesses.
o Be patient. Delays in our local courts do happen. You could get a book or magazine to read; these would also help you relax.

In the court-room
o You will be called to give your evidence when your turn comes. You will then go to the witness box at the front of the courtroom.
o Generally, the court clerk will read out the oath and ask you to promise (swear) to tell the truth on a Bible or by the holy book of your religion, if you are not a Christian. If you do not believe in religion, you can tell the court that you want to affirm, which means you promise to tell the total truth.

o After that, you will be asked to say your name and spell it. If you are asked to give your address, do not give it to the public if you do not feel secure about that. Simply give to the judge.
o The lawyer who called you as a witness will ask you questions. After which, the lawyer for the other side will ‘cross-examine’ you—ask you more questions. The Judge may also ask you questions.
o Treat everyone in the courtroom respectfully. Call the judge ‘Your Honour’, as it is the formal title in court. You can also call him or her ‘Sir’ or ‘Madam’ respectively.

Testifying
As a witness, you have a right to speak in a language you are most comfortable .with. When one is not conversant with the national languages, the court usually arranges for an interpreter.
o Think about each question before you answer.
o If you do not understand the question, ask the person to repeat or explain it.
o As you answer, talk to the judge, not to the person who asked the question.
o Be calm, relaxed and take your time so as to give a complete answer.
o If you are not sure about an answer, it is okay to say so. If you do not know, say so too. Do not guess.
o Only say what you saw or did or said yourself. Do not say what someone else told you unless you are asked to tell what you heard.
o Do not interrupt the judge or lawyers.
o Be audible enough, so that people in court can hear you clearly.
o After giving your evidence and the court excuses you, you can leave, or stay in and listen to the case if you like.

Help in Court
In cases of high emotional disturbance such as children molested by close members of the family, a child having to choose between parents during divorce, or rape victims, direct witnessing can be avoided all altogether as long as various kinds of reports (Corroboration) can confirm that.

There is usually a go-between to help the witness understand what they are being asked in court and to give their evidence more clearly.

Protection
It is a criminal offence to intimidate or harass a witness. If this happens to you, tell the police immediately. You should also tell the police before attending court if you feel that you may need protection.

You are not legally obliged to report a crime you witness to the police, but your help could have a real impact and prevent further crimes taking place— just as your. evidence as a defense witness could ensure that innocent defendants are not convicted.

Information is courtesy of Elaine Namachanja, an attorney of the High Court of Kenya.

END: BL25/16-17