Examination in Chief Part 4

Your theory of the case will dictate the parameters of how evidence is elicited from a witness.

Jurors are accustomed to short "sound bites" from the media, typically ranging from five to fifteen seconds.
Begin testimony with a general overview, followed by specific details, similar to a cinematographic approach where the scene starts panoramic and then zooms into critical details.

Witness Direct Examination:
- Q: Mr. Mendiolea, where did the fight take place?
- A: At the corner of Surf Parade and Britannia Avenue.
- Q: In what compass direction does Surf Parade run?
- A: North-south.
- Q: In what direction does Britannia Avenue run?
- A: East-west.
- Q: Are you familiar with the neighbourhood surrounding the intersection?
- A: Yes, I live nearby.
- Q: Describe the neighbourhood.
- A: Commercial streets with shops; two traffic lanes; residential three-storey units behind.
- Q: What time did the fight take place?
- A: 10:30 pm.
- Q: What was the traffic like then?
- A: Fairly light, few cars on Surf Parade, none on Britannia Avenue.
- Q: Describe the lighting conditions at the time.
- A: Dark, but illuminated by streetlights and shop windows, visibility was good.
- Q: Where were you when the fight broke out?
- A: Southeast corner of the intersection.
Importance of Details:
- Avoid unnecessary detailed commitments during examination-in-chief that may advantage the cross-examiner.

In cases where a witness will be disputed by the opposing side's witness, details can bolster the witness's credibility.

Witness Testimony:
- Q: When did you meet with the defendant?
- A: On 5 January 2018, at 2:30 PM.
- Q: Where did you meet?
- A: At the defendant's office, 123 Eagle Street.
- Q: Who was present?
- A: Just myself and the defendant; the assistant entered later with a paper and left.
- Q: Were you sitting or standing?
- A: Both seated, I on a small green sofa, the defendant behind her desk.
Credibility Implications:
- Greater detail from the witness than the defendant enhances their credibility in court.

Describing scenes from the witness's perspective is effective, especially for interior locations where directional cues are less relevant.

Witness Testimony:
- Q: Describe Denison's Pub.
- A: It's a small pub, two-storey brick building on Denison Street.
- Q: What does the front look like?
- A: Door in the middle, large plate glass windows on either side.
- Q: What do you see upon entering?
- A: Front room with bar counter to the left, booths to the right, back room with pool table.

Good advocates let the witness "show" the jury what happened rather than just "tell". This adds visual, emotional impact and aligns with the case's themes.

Point of View: Always leverage the witness's perspective for a fuller view of events.
- Example 4.10:
  - Q: Mr. Barrie, what do you see while driving southbound?
  - A: Cars travelling about 40 km/h in front of me and behind. No oncoming traffic in the northbound lane.
Pace: Set the speed of the testimony to enhance understanding, particularly for critical moments.
- Example 4.11:
  - Witness describes actions step-by-step at a busy intersection to convey critical moments in detail.
Simple, Sensory Language: Use everyday descriptions to create relatable scenes for jurors.
Use of Present Tense: Engaging the jury with ongoing action creates immediacy and excitement.

The pacing and structure provide the jury with a visual experience of an incident that happened quickly, reinforcing the witness's portrayal as the innocent party, despite their use of force during the altercation.
Rapid Event Presentation: In some cases, use a faster pace to indicate that an event occurred unexpectedly and without the witness's ability to deliberate.
Overall Goal: To ensure jurors can visualize the scene, understand the action, and recall pivotal elements of the incident thoroughly.