Court Transcripts or Witness Statements?

Discussion in 'Finance, Property, Law' started by bobjugs12, Oct 20, 2009.

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  1. Evening all,

    Just a quick question concerning court transcripts.
    I'm trying to get hold of a witness statement or court transcript that my ex-wife made in Summer 2003. It involved a friend of hers trying to get a young lad done for attempted rape, and my ex was called as a witness.

    I don't need the full story, just the part concerning my ex's activities of the night. You see we've just split and one of her freinds has come forward saying that she was unfaithful whilst I was on Telic. She also warned me that paternity of my son may be at question.

    This has made me question her side of events (which involved her taking a bloke back to our quarter to "collect a CD" whilst her mate was 'attacked'). She is denying the whole chain of events and says it's not true, although she has admitted to another affair and a whole lot of lying.

    I don't believe she'd have the balls to perjure herself in court, and so if anything did happen then she'd probably admit to it under questioning.

    I'm not sure what the correct route to obtain the statements is, or if it is even possible. However, this would help in our upcoming divorce as it would prove a series of infidelity. It would also help me, as it would prove whether I need paternity tests carried out. It'd also stop her more 'vocal' friends from having a go at my family as it would prove what a manipulative cow she is.

  2. I'm not an expert so don't rely on me but here's my tuppence-worth...

    I'm not sure how easy you'd find it to get hold of records from a criminal court, especially for something like rape where the victim's identity is kept confidential. In your place I'd crack on with the paternity test; if that comes back negative then she's definitely got questions to answer, if not then your mind is put at ease. If you've got any doubts then you'll have to do a test at some point anyway otherwise you'll never stop thinking "but what if..."

    Unless of course both you and your son are ginger, red-green colourblind haemophiliac dwarves. Then you can be reasonably confident... ;)
  3. woopert

    woopert LE Moderator

    Almost all court proceedings are conducted in open court and the case itself will have been heard in open court. The identity of the victim will have been preserved as if she was required to give evidence (which would only happen if the defendent pleads not guilty) either behind a screen or via CCTV visible only to the judge, jury, and counsel. The transcripts should therefore be available.

    If you are going through a sticky divorce then you ought to have a brief who will know how to get hold of the transcripts. Otherwise you could contact the Crown Court where the trial was held and ask the Clerk's office there.
  4. As a first step have you tried checking the local press coverage at the time? The essence of what your missus said might have featured. Just a thought.