Witnesses

• Author: Stephen Grant
• Pages: 69-69

69

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WITNESSES

In 1957, humourist Art Linkletter (from Moose Jaw, Saskatchewan,

no less) published a book, later made into a TV series, called Kids Say

the Darndest Things. This expression could equally apply to witnesses,

although using a much stronger adjective.

At a trial years later, I kept objecting to a lawyer leading her client.

Finally, the trial judge said, “Ms. X, the evidence must come from your

client, not you.” “I know, Your Honour,” she protested. “But she’s telling

it wrong.” Amusing as that is, I’m sure we’ve all had that experience.

There’s a critical point or two, for which we extensively prepare the

witness, and he or she gets it dead wrong. And there’s precious little

we can do about it. Of course, as backdrop, there’s the ne line in our

work between preparing and “wood-shedding” a witness. Here, our two

well-regarded practitioners dissect the problem of the fallibility of wit-

nesses and oer some thoughts.