Some time ago we were subject to a number of attacks, including on property. These went on for a number of months and then stopped suddenly - these things were not happening to neighbours and were puzzling. There were several incidents of vehicle damage without any theft - including windows smashed, locks broken, tyres slashed, etc. Things were damaged in the garden, and there was a lengthy series of abusive phone calls. Some of these were reported to police but after a while I just gave up even though it got costly.

As I say this was now some time ago and I have just about forgotten about it apart from being suspicious of noise outside at night! But I've had a horrible realisation! I agreed to be a witness in a civil case involving someone who is nothing short of a nutter - it turns out they were given my address at the time these attacks began. :o

Understandably I'm now feeling intimidated about this and I am no longer willing to witness. What I'm cross about is that my address was passed on. I now feel I either move house and carry on, or withdraw my offer and feel (relatively) safe. But once agreed, are you allowed to withdraw?

:help:

What makes you think this person will know you are no longer going to be a witness and stop harrassing you? They may even harass you more as they know you can do nothing to them. Best bet is to log all incidents and get some covert CCTV set up in windows or somewhere and try and catch someone in action.

It isn't going on at the moment - it stopped suddenly some time ago. But once the case goes up for hearing and I have to be a witness I feel sure it will start again. If I was to 'withdraw' then they would see that my name was no longer listed.

I wish I had logged all the incidents as they happened but I was just sick and fed up with it at the time!

It's more to save my peace of mind that I want to withdraw - to be sure that it won;t happen again. :(

It is my understanding that you can refuse to testify as a witness but then you may receive a subpoena. If you then refuse to attend you can be held in contempt of court.

However I'm sure in this somewhere, if you have a just cause why you cannot attend then this can make all the difference.

I'm sure someone can clarify this.

Originally posted by Mathom
It isn't going on at the moment - it stopped suddenly some time ago. But once the case goes up for hearing and I have to be a witness I feel sure it will start again. If I was to 'withdraw' then they would see that my name was no longer listed.

I wish I had logged all the incidents as they happened but I was just sick and fed up with it at the time!

It's more to save my peace of mind that I want to withdraw - to be sure that it won;t happen again. :(

Surely you could share your concerns with the police and they could sort the problem out if it were to reoccur.
If you were a witness to something bad then it would be a real shame if you couldn't say so because of threats of violence.

There's no proof that this person is actually the offender. Contact the police and tell them about your suspicions, and they may be able to help you.

I wouldn't withdraw from being a witness. If you are a key person in the case then there is nothing more frustrating than spending extortionate amount of time and money putting the case together only for it to fall apart because a witness drops out. If this person has been trying to intimidate you, they are the coward. Don't let these people who think they can get away with anything do it.

There is also a possibility that you may not be required as a witness on the day, it often happens that for some reason or other - like a guilty plea by someone at the last minute for instance, witnesses are not called.
Do let the police know though, if they are aware of the possibility of further trouble they may respond quicker to your calls if you ever need to call them out.

Unless it's a very serious matter I think little is likely to be done about contempt of court. Either party to a civil dispute can subpoena a witness but is not advisable; the evidence would be tainted because it would be seen as having been provided by a hostile witness & will adversely affect how the Judge views such evidence.

I think you should find out who disclosed your address because it is personal data under the Data Protection Act 1998 and they did not have the right to disclose it under any circumstances at all. If you can prove you have been caused harm as a result you may have a claim under s13 of the Act. It is a shame you didnt keep notes and report these problems at the time.

I think this is something to discuss with a solicitor and make sure you feel comfortable with whomever you consult.

more than likely going to be one of the solicitors - esp. if witness statements have been exchanged...

I got information on exactly what a witness had said about me including his personal details when I was wrongly accused of something - its well dodgy - in the event the chap failed to attend and when his background was checked it seemed he didn't exist....the charges were dropped.

Those legally representing the accused are entititled to see all the evidence relating to the case; as is the legal team of the plaintiff (he/she who brings the case to court). Somewhere along the line you will have given your personal details to someone, be they council officers, police, or lawyer(s). These details might have been passed to the accused's legal team or to the accused if they are representing themselves. In short, they will probably know who you are and certainly what you have said about them. The rights and wrongs of this is something for experts to argue and I won't comment here.

Six years ago I instigated the successful council eviction of my anti-social neighbours - anti-social being an understatement. It took two years of evidence gathering. They were given chance after chance, which they flaunted. They thought the law couldn't touch them. The intimidation was horrendous, mostly under cover of darkness, often violent, and at all times terrifying. I an currently writing a novel based on my experiences.

My advice is to record and report to the police and the council ALL incidents of witness intimidation relating to this case in a sober and factual way devoid of passionate speech or writing. Include dates and times and ask for and keep your police crime numbers. Request support from the council anti-social team, if indeed it is a council matter. They can provide cctv and other surveillance support as can the police witness protection scheme.

This might be a civil case but witness intimidation is a criminal matter and can be punished by lengthy prison sentences and eviction from council property.

It is up to you, but giving up does not guarantee that these people will not victimise you further. In my experience, it heightens the prospect of further bullying because they will think themselves beyond the law and that they now have you in their power. In my case those I stood up to have never returned.

Incidentally, if you do decide to see this through, be ready for the council to grab all the credit if the result is positive.

Apparently (spoke to the solicitor arranging everything) I could withdraw but my evidence is crucial. The nutter mentioned earlier it turns out, has also been coming up with some fantastic stories worthy of Grimms fairy Tales. So I think I will end up feeling inredibly guilty on top of everything else if I don't do my bit.

Giving out addresses is apparently normal procedure. :o This isn't a serious case at all despite the nutter involved - what would have happened if this was a criminal case and said nutter had faced prison? How angry would they have been then? :o

But as for what Cyclone and Twiglet say - I ought not to feel intimidated (even though I do) and I ought to help out as I'd first agreed to - after all, if this nutcase loses out I would feel very happy.
:thumbsup:

Apparently (spoke to the solicitor arranging everything) I could withdraw but my evidence is crucial. The nutter mentioned earlier it turns out, has also been coming up with some fantastic stories worthy of Grimms fairy Tales. So I think I will end up feeling inredibly guilty on top of everything else if I don't do my bit.

Giving out addresses is apparently normal procedure. :o This isn't a serious case at all despite the nutter involved - what would have happened if this was a criminal case and said nutter had faced prison? How angry would they have been then? :o

But as for what Cyclone and Twiglet say - I ought not to feel intimidated (even though I do) and I ought to help out as I'd first agreed to - after all, if this nutcase loses out I would feel very happy.
:thumbsup:
Was there an update on this???

Was there an update on this???

Yes, the person concerned got their comeuppance!!! Obviously that's all I can say ;)

In which case, I think it's time to close the thread!

Mods - please could you close?