How to Challenge Eyewitness Testimony in Assault Cases

One of the most damaging types of evidence to defend against in a criminal proceeding such as an assault case is eyewitness testimony. The problem is not that witnesses are always correct or accurate about what they say they saw, but rather that a good witness can be very believable to the judge or jury listening to him or her. In today’s blog article, we want to discuss some of the ways the defence can challenge eyewitness testimony such as in criminal assault cases. 

What Was Seen

One way to challenge eyewitness testimony is to challenge exactly what was seen. How is the witness’s vision? When was the last time that person’s vision was checked? Was the person wearing glasses? Was the area well lit? Was it raining or snowing or was the weather something that could impede someone’s vision? Could the sun have been shining in that person’s eyes? Was the witness tired? Sleep deprived? Drunk? High? The key point, here, is to challenge the details of what was seen.

Motive

Another possible way to challenge is regarding the truthfulness of the testimony. Does the witness have any motive or compelling reason to lie? Is the witness a friend or relative of the victim? Is the witness receiving anything for his or her testimony? This type of challenge is to show proof or suggest that the witness might have a good reason to tell a lie.

Character

One can always challenge a witness’s character. Does the witness have a history of lying? Of poor behaviour? A criminal record? A history of mental illness? While, in theory, no one should judge a book by its cover, it would not be impossible to impeach the character of a sloppy, dirty, or poorly dressed witness.

Alibi

When someone is going to testify that he or she or witnessed something, can the defence, for example, prove that the witness was not there? Using modern technology or cell phone data or videotape, can the defence show that the witness could not have seen what the person claims to have seen? This is something to be explored if the witness’s story sounds off.

Unreliability

Another possibility is to include the testimony of a psychologist who can testify that eyewitness testimony is notoriously unreliable, especially among the general public as opposed to trained law enforcement. People are very often wrong when they give details about what they think they saw, and this is well documented.

There are many ways to challenge eyewitness testimony. This short article lists just five of many techniques that a defence lawyer might use to impeach testimony whether in assault or other criminal cases.

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.