Cases - R v Momodou
Record details
- Name
- R v Momodou
- Date
- [2005]
- Citation
- EWCA Crim 177
- Legislation
- Keywords
- Expert witness
- Summary
-
Although this is a criminal law case concerning convictions for violent disorder in a detention centre, it contains a point of wider interest on the issue of witness preparation and training.
Holding that 'witness training for criminal trials is prohibited', the court warned that it might affect the accuracy of evidence, especially where the training had referred to evidence or facts similar to that of a trial in which the attendee was engaged. However, this should be distinguished from 'sensible preparation', where the witness is advised of the procedure and roles of the participants in litigation. No witness should be
'disadvantaged by ignorance of the process, nor when they come to give evidence, taken by surprise at the way it works'.
The key is the
'dramatic distinction between witness training or coaching and witness familiarisation'.
The former will always run the risk of influencing the evidence, while the latter, even in criminal trials, is acceptable and even beneficial.