Direct Exam Script

 

Preliminaries: Preliminari es: I would like to call my first witness ___________. The witness will be sworn in. State the purpose of the offer of testimony: (usually nasa JA na to) I would like to offer the testimony of ______ to prove…  prove…  Purpose: To prove the elements of the crime particularly that: ( i) Accused obtained various loans from private complainant which include the four (4) trust receipts and other loans secured by Promissory Notes, the terms and conditions of which are provided for in trust receipt agreement; (ii) Accused defaulted in the payment of their obligation as the same fell due and also failed to return the goods covered by the trust receipts; ( iii) despite demands Accused still failed to pay or return the goods as he undertook un dertook to return under the trust receipts Q: Good afternoon Mr. Witness. In relation to this case, do you recall having executed a document entitled Judicial Affidavit? A: Yes. Q: A:

If shown to you this document, will you be able to identify the same? Yes.

Q: I am showing you a document entitled Judicial Affidavit. Kindly go over it. Is this the same document that you mentioned earlier? A: Yes. Q: Now, Ms. Witness. Appearing on page 5 of this document is a name ___________, and on top of the said name, there is a signature. Would you know whose signature it is? A: That is my signature. Q: Do you affirm and confirm the truthfulness and veracity of the contents of this Judicial Affidavit? A: Yes. Q: Do you also affirm and confirm the truthfulness and veracity of the contents of the attachments in this Judicial Affidavit starting (From Annex A –  A  –  H)   H) from Annex A –  A  –  Promissory  Promissory  Note dated June 27, 2016? A: Yes. Q: Q: Q: Q: Q Q Q:

Annex B –  Promissory  Promissory Note dated July 1, 2016? Annex C –  Promissory  Promissory Note dated July 8, 2016? Annex D –  Trust  Trust Receipts dated March 22, 2016 Annex E –  Trust  Trust Receipts dated July 11, 2016 Annex F Trust Receipts dated July 21, 2016 Annex GTrust Receipts dated August 22, 2016 Annex H –  Demand  Demand letter dated 15 May 2017

T he sig signat natur ure e of A Accuse ccused d r efer r ed to by w wii tne tness ss as it ap app pears i n the P r om omii ssor ssoryy N Not ote es and T r ust R ecei cei pts is presented for comparison with originals and marking as Exhbits “A -1” and “A-2”, “B-1” and “B-2”, “C -1” and “C -2”, “D-1” and “D-2”, “E -1” and “E -2”, “F -1” and “F -2”, and G-1 and G-2 respectively   Q Your Honor, may we request that this Judicial Affidavit be marked as Exhibit L and the signature on page 5 be marked as Exhibit L-1. Q:

Your Honor we also submit this Judicial Affidavit in lieu of the witness direct testimony.