The aims of conducting Miss Jayne Corby’s examination-in-chief would be:
a) to establish her case or part of it through the evidence elicited from the witness;
b) to present the evidence so that it is clear, memorable and persuasive;
c) to insulate the evidence, in so far as possible, from anticipated attack in cross-examination.
I have organised the key elements of the witness’s testimony in a logical order so that the trier of fact, be it judge, can understand how each part fits into the overall theory of my case. Therefore, I have all along maintained a strict chronological presentation of the evidence on which I intend to question Jayne Corby. She would give evidence in this order:
b) Prior to the incident
c) Argument with the Defendant
d) The Incident
e) Describe the scratch
f) Assistance offered from the other driver
g) Car repairs
Potential Theory: –Property damaged-motor vehicle-Ford Focus Reg LN52 YTT. Value of damage estimated at $375. Moreover, the motor vehicle is intentionally caused damage than the possible accidental damage by the defendant in this case.
The questioning techniques I have chosen, open and closed questions, transitions and points of reference, this leads to clarify of presentation and enable me to exercise control when required. I did avoid leading questions that suggest or tend to suggest the answer to the witness where the subject matter is in dispute.
He denies the long deep scratch along the side of Miss Corby’s car. Instead, he argued she might have scraped a car. As he walked along the side of her car to show her how much space she had, but he might have scratched it with his jacket zip or with a button or something. He further denies that there was a Land Rover Freelander behind Miss Corby’s car, the driver of that car later offered her to be a witness if necessary.
The scratch on the vehicle is described as being 110 cm long, 82 cm from the ground (along the whole of its length) and approx 2 mm deep along the middle 80% of its length (shallower at each end). In trial, Miss Corby would be able to make a strong impression on the value of damage $375, as she is the primary witness in this case.
It is usual, in a large proportion of cases, to start with the witness whose evidence is first in time. Moreover, Miss Corby would make a strong impression in this case and it is an advantage for the whole litigation process to start and finish with a strong witness.