I have been thinking about the committal hearing and any trial that may follow and came up with a few questions, that perhaps others may also be wondering about...
Is the witness list public information? I DON'T THINK SO. THE PERSON I SPOKE TO AT THE MAGISTRATES COURT SAID THEY DIDN'T THINK SO.
Does the defence have to provide a witness list for the committal? THE DEFENCE DOESN'T PRESENT EVIDENCE AT A COMMITTAL, ONLY THE PROSECUTION. SO IT IS ONLY THE PROSECUTION WITNESSES THAT HAVE BEEN AGREED TO THE PROSECUTION THAT WILL BE ALLOWED TO BE CROSS EXAMINED BY THE DEFENCE, ABOUT 43 WITNESSES.
Can witnesses for the prosecution be added to the list later (after committal but before trial)? YES BOTH SIDES CAN ADD WITNESSES
I understand it would not be wise for the defence to call up any witnesses close to the accused as they may have negative information that has not been given in statements. CORRECT, BUT THIS IS REALLY JUST RELEVANT TO THE TRIAL NOT THE COMMITTAL.
But if I were a jury member, this would make me suspicious that they are so close to the case, but are not willing to say anything under oath and risk of cross examination to defend the accused (possibly because they may have something to hide) YES POSSIBLY
Answering my own question, but I suppose that officially a jury member would not be allowed to take this into consideration (should only consider what is said in the court?)CORRECT, THEY CAN'T INFER THAT JUST BECAUSE SOMEONE INCLUDING THE ACCUSED DOESN'T TESTIFY FOR THE DEFENCE THAT THEY HAVE SOMETHING TO HIDE OR IN THE CASE OF THE ACCUSED, THAT THEY ARE GUILTY.
I understand it is their right not to give statements but can NBC/EBC be called as witnesses for the prosecution (say to explain the facetime call)YES THEY CAN BE SERVED WITH A SUPBOENA WHICH IS AN ORDER OF THE COURT MADE AT THE REQUEST OF A PARTY TO ATTEND TO COURT TO PRODUCE DOCUMENTS OR GIVE EVIDENCE. IF THEY DON'T ATTEND THEY CAN BE ARRESTED AND BROUGHT BEFORE THE COURT. HOWEVER IF ANY OF THE BC'S WERE GIVEN A SUPBOENA THEY MUST ATTEND COURT AND I THINK THEY WOULD CLAIM THE PRIVILEGE OF SELF INCRIMINATION. IF THEY DIDN'T CLAIM SUCH A PRIVILEGE OR IT WAS REFUSED BY THE COURT, THEN THEY CAN BE FOUND IN CONTEMPT OF COURT AND PUT IN JAIL FOR A SHORT TIME, PERHAPS OVERNIGHT. EXCEPT PERHAPS FOR ASKING NBC ABOUT THE FACETIME CALL, I DON'T THINK THE PROSECUTION WOULD BOTHER ABOUT IT.
Perhaps you can not be called as a witness if you have not made a statement? NO, ANYONE CAN BE GIVEN A SUPBOENA.
You can see I am confused about this! THATS OK, IT IS CONFUSING.
Hoping for for some answers to help clear up my confusion.