We take an inclusive and comprehensive approach to preparing for a trial. The inclusive dimension is to ensure that our clients are not only informed along the way but take an active part in preparing trial.
For example, in typical historical sex allegations we will try to find out in as much detail the background of the complainant. We make inquiries about the surrounding circumstances before during at the time of the alleged offence and the behaviour of the complainant after the alleged offence. The accused client and anyone around the time of the alleged offence become critical inputs into the trial preparation
process.
As we get closer to trial, we will provide our client with what we refer to as cross examination matrices. These matrices contain questions to be put to each witness for the prosecution. The matrices are very detailed and our clients are provided with copies well in advance of the trial. In doing so the client is thoroughly informed of how defence counsel intends to persuade the jury that the witnesses (especially if the complainant is lying) and that the jury can be satisfied that they cannot rely on what the complainant and other prosecution the defence witnesses are saying and therefore the prosecution have not made out its case.
A critical part of the process of providing the cross examination matrices to the client is to ensure that he or she is satisfied on the way counsel intends to approach the witnesses in cross examination. The client is reminded that a trial is an organic process and some questions may not be asked and others not contained on the matrix asked.
Clients are invited to add too or explain why a certain question should not be asked. This is a critical step in the preparation phase as counsel and the client can are at one as to how things will transpire – there can be no reasons for the client to suggest that counsel should have asked this question or that counsel was unprepared.
Our experience in conducting numerous historical and contemporaneous sex and other types of trials is that by including the client in the process gives the accused client some comfort in that the lawyer is properly prepared.
