Can state witness be excused on medical grounds

E

Elitist

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Friend received a phone call from Gardai to attend court and act as state witness in a prosecution. No summons issued yet
Has a very minor role in this, just to confirm their previous statement


Friend is out of work for last number of months due to illness and appearing in court would exacerbate condition.

What would be the best way to proceed here?

Thank you in advance
 
A telephone call to the Garda would be the obvious course of action, unless a witness summons has been issued there is no obligation to attend, if a summons is issued a medical cert. handed into the court office will suffice as excusing grounds.
 
If a witness summons has issued then strictly speaking your friend HAS to appear or else a warrant for their arrest could be issued by the judge. It will depend on the guards attitude and also the judge. The local super or inspector in charge of the list will advise your friend if they need to appear or if a medical cert will suffice. Depending on the nature of the case the guards might prefer to be given the opportunity to adjourn it until your friend is available.
 
If unfit to attend court for a medical reason send the doctor's certificate to that effect to Gardai first, as Judge is likely to ask Gardai if they can confirm that you are ill.

In my experience very few people really like being in court either as a witness or as a litigant, so many judges are sceptical of certificates. The certificate would need to show a relatively serious condition - not just "stress" "severe cold" "back pain".

It depends on how essential your evidence is in proving the state case.
 
Trial postponed indefintely so gives the person time to recover
Thanks for your help
 
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