Question
Sally, a 10-year-old child was on her way to school one morning. As she walked along Knolly Street, she saw a man running between 2
Sally, a 10-year-old child was on her way to school one morning. As she walked along Knolly Street, she saw a man running between 2 houses with a green backpack. The man did not appear to see Sally coming and passed very close to her as he ran away from the houses. Sally noticed him and his green backpack. Sally is a friendly child and as the man passed, she said, Good morning. The man responded by saying, I was not on anyone's private property and there was nothing stolen in my bag. He appeared to be quite agitated as he hurried away. Sally turned to watch him go and saw that he had a long scar on the back of one leg. The man also seemed to be limping.
Later that morning at school, the teacher asked all the children to true story about something that had happened to them recently. Sally wrote a story called The limping man with the green bag. In it she described the man, what he said, and what he was wearing. She got an A for this story.
Six months later, a man is charged with break and enter of a house very close to where Sally saw the man. The accused is a male with a scar on the back of one leg.
The prosecutor would like to call Sally as a witness. However, she is unable to remember the details of what she saw on the morning in question.
At the trial, the accused gave evidence in his defence. Part of the sequence of questions and answers that make up his examination in chief are as follows:
Q: Please describe to the court what you were doing in the area of Knolly Street on October 15.
A: I was going for a walk. I usually go for a walk in early morning. I realised how late it was and that I had to get home to get ready to go to work so I took a shortcut to get back home.
Q: You were not agitated were you?
A: No, but I was in a bit of a hurry.
Q: And had you been in any of the houses in the vicinity?
A: No
Q: Your bag only had your personal possessions in it, isn't that right?
A: Yes. And that's the truth.
Q: Have you ever mentioned that to anyone else?
A: Yes, In fact I told a girl who was walking along the road that I had not been in any houses and there was nothing stolen in the bag.
In cross examination, the prosecutor asks the accused the following questions.
Q: Isn't it true that you have been sacked from 2 jobs in your life?
A; Yes, that's right
Q: And in fact, on the morning in question, you did not even have a job did you?
A: Yes I did. I worked at the Paintball Energy Company as a grease maintenance foreman.
Q: I put it to you that that is a lie. The Paintball Energy Company has been out of business for 8 months, isn't that true?
A: No,
The prosecutor has in his file a certificate of bankruptcy and other official documents which disclose that the Paintball Energy Company has been dissolved and that its assets were sold at a public auction on September 1, a month and a half before the alleged offence. The certificate is issued by the Commissioner of Bankruptcy, a government official.
Identify and discuss any issues of evidence that arise from the above.
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