Lawassist - The hearing - Questioning your witnesses

Ms Duncan, do you want to call your witness? Yes, Your Honour. I would like to call Cheri Duncan. Cheri Duncan. ANNA: In case you haven't guessed, Cheri is my daughter. Cheri was in the car with me so she knows I didn't use the phone. As a witness, she has to stay outside until I call her in. Witnesses are not supposed to hear what the other witnesses say so they don't get influenced. Cheri, can you tell the court your full name, address and occupation. By now, I was getting the hang of things. Cheri Duncan. I live in Blacktown. -And do you work? -No, I'm studying at TAFE. And just to be clear, you are my daughter, right? Yes, I am. Cheri, can you tell the court what happened on the afternoon of 2 April around 3:30pm? That was the day the police pulled me over. Right. You were taking me home to get ready for basketball. Right, and so you were in the car with me? Yep. Yes, I was. And what happened whilst I was driving you home? The police pulled you over and said you were talking on your mobile phone and they gave you a ticket. Just explain in your own words, what do you remember about that? It was really important for Cheri to tell her version of things the way she wanted. Cheri knew that the prosecution was going to question her evidence. They could suggest that she's not a strong witness because she's my daughter, so the only way for her to be a good witness is to tell the truth and that means if you're not sure, just say so. Miss Duncan, could you speak a little louder, please? I'm having difficulty hearing you. Sorry, Your Honour. And what happened next? He gave you a ticket and then he left. So you were in the car with me the entire time? Is that right? Yes, that's right. So if I was talking on a mobile phone while driving you would have been able to see and hear me, correct? Objection, Your Honour. MAGISTRATE: Yes, thank you, Sergeant. Ms Duncan, the police prosecutor has objected because you've asked a leading question. A leading question is a question that suggests an answer. You cannot ask your own witness that kind of question. So can you please ask the question in a different way? Um... What did you see me doing while I was driving you home? Nothing, just driving. Was I doing anything else? No. Oh, I think you were singing. I might have been. But did you see me holding a mobile phone in my hand while I was driving? SERGEANT: Objection, Your Honour. Yes, Sergeant. Ms Duncan, again, you cannot ask a question like that. You are telling the witness what to say so the evidence is not in her own words. -Do you understand? -I think so, Your Honour. Good. Please go on. Cheri, as we were driving, could you hear anything besides my singing? Uh, I could hear the car engine. OK, and anything else? No. I have no further questions, Your Honour. Stay where you are, please, Miss Duncan. Sergeant, do you have any questions for the witness? Yes, I do, Your Honour. Thank you.