Greene, R. v [2009] EWCA Crim 2282 The was an appeal against conviction on three counts of fraud. Hostile Witnesses A judge has a common law power to declarea witness hostile (or “adverse” 1) and to allow cross-examination by the party who called him. witness before you venture into significant areas in which you hope to establish facts; impeach facts alleged on direct-examination of the witness; or discredit the witness altogether. We have established a beachhead because the witness has responded “yes” … Perhaps one of the most famous examples of a hostile witness being declared in a court case is that of Brian (“Kato”) Kaelin, during the 1995 murder trial of O.J. It is only when he declares the witness hostile and cross-examine him that he cannot rely on his evidence. While common in TV shows, designating a witness as hostile is rare in actual courtrooms. He is called adverse witness or a hostile witness. A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. In addition s 17 of the , Evidence Act . It is to be noted that this discretion of the Court to permit the putting of leading questions, or in other words permit to cross- examination, is absolute and is independent of any question of hostility or adverseness. The matter of re-examination should be limited to examination in chief and cross-examination and if any new matter is introduced by permission of the court, the witness can be subjected to cross-examination, again, upon that matter. Usually there is a right to ask leading questions on cross-examination. In what circumstances can a witness be declared a hostile witness? (d) Re-examination and recall. Section 139 says that a person called upon to produce a document does not become a witness per se. Re-examination.--The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination". Simpson. If they do not admit the truth of a previous inconsistent statement, it could be admitted under section 119 of the Criminal Justice Act 2003, as evidence of the matters stated. Re-examination.--The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination". Hostile Witness. When a party calls the opposing party, a witness identified with the opposing party, or a hostile witness leading questions should also be permitted. Hostile Witness Example in Murder Trial. Re-examination of a Witness. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Looks like one of the defense's final witnesses wasn't ready to play nice with prosecutor David Walgren. So we proceed. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Thanks Mario. The court has to declare the witness as a hostile one. Capsule 16 looks at the trial process, and how witnesses get examined. (d) Re-examination and Recall. 1977 enables the party calling the witness whom the court considers hostileto seek leave to prove any prior inconsistent statement. Illustration In the case of Sat Pal v Delhi Administration[1] Supreme Court described hostile witnesses and laid that to steer clear controversy over the meaning of hostile witnesses which had given rise to difficulty and conflict of opinions. The short answer is that a hostile witness is subject to different rules for direct examination by an attorney than other witnesses. When the witness is clearly sympathetic to the examiner the court has discretion to prohibit the use of leading questions. And so who is a hostile witness? examination by the party calling a friendly or unbiased witness does not exist.2 The doctrine which permits leading questions on direct examination does not restrict that right to only situations in which a named defendant is on the stand. This was a classic case in which the jury had to decide whether they were sure that the appellant had acted dishonestly. As the rule recognizes, the examination of a "hostile witness, an adverse party, or a witness identified with an adverse party" will sometimes take place on direct examination, and leading questions are permitted. Gibbons, … seek leave of court to declare the said witness a hostile witness. In law, one of the rules governing examination-in-chief is that a party is not allowed Occasionally, a party must call a hostile witness to the stand to prove the case. In the witness Box show a distinctly hostile feeling towards the party calling him or when concealing his true sentiments he does not exhibit any hostile feeling but makes statements contrary to what he was called to prove and By his manner of giving evidence and conduct shows that he is not desirous of giving fairly and telling the truth to the court. 2. by the witness. If a witness declines to answer or answers in a way inconsistent with their previous statement, they may be treated as a hostile witness. A preliminary showing of hostility may be made based on the witness’s identity or connection with the case, or the nature of the proposed testimony.