By David Ross
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Did you use the stairs that led from the roof into the building on a regular basis? — Yes, yes. What sort of shoes did you wear? 4 [4070] You can also base the question on what the witness has already said. In this example, a complainant was giving evidencein-chief of sexual assaults. See how the advocate encourages the detail. Now after that first time, did anything like this ever happen again? — Yes it did. How many times? — Every time I went over to use the phone up until we moved to Johnstown.
They are not in everyday speech. They are ungainly and lack style. A formula question is never as good as one that is carefully designed to fit the evidence. 18 Not only is it ineffectual, the question does not address an issue in the case. [3160] Lord Hewart CJ railed against these forms of questions so many years ago. One often hears questions put to witnesses by counsel which are really in the nature of an invitation to argument. One hears, for instance, such questions as this: ‘I suggest to you that .
3 [3035] Occasionally a witness will reply with a question. Did I cross the road? Of course I did. Why shouldn’t I? Yes, I crossed the road. Wouldn’t you have done the same thing? Yes. What would you have done? The best way to treat these questions is to regard them as rhetorical. Make no answer. In fact ethically you are not allowed to answer. ” 24 Advocacy [3040] Nearly all witnesses are polite and confine their evidence to the questions they are asked. Occasionally witnesses will get miffed if they feel that they are being prevented from giving all the evidence they want to give.