Witnesses

Witnesses are mainly two type, common witness and expert witness.

• Common witness
• Expert witness

Common Witness

• “Statement of facts” which an ordinary witness has actually observed.
• “Fact” is defined by the Indian Evidence Act.
  • Anything capable of being perceived by the senses.
  • Any mental condition of which any person in conscious.
• One fact is said to be relevant to another referred as relevance of facts.

Expert Witness

• Expert Witness is one given by the person having professional knowledge or training is capable of deducting opinions and interference form the facts observed by himself or noticed by other when the court has to form an opinion upon a point of foreign law or of science or art, as to that identify of handwriting (or finger prints), the opinion upon that point of person specially skilled.
• Veterinary witness is an expert witness.

Hints for Giving Evidence

• Always prepare the facts of the case before going to Court by reference to your original notes and consider what possible questions you may be asked and be prepared with your answers.
• Speak slowly and distinctly.
• Avoid technical terms as far as possible.
• Answer question with a ‘Yes’ or ‘No’ as far as possible.
• If you unable to answer any question say ‘I can not answer’.
• Do not lose your temper while cross examination by lawyer. They may put question of an irritating nature.
• Quotations from books should be avoided.

Rules for Giving Evidence

The veterinary practitioner, when summoned to court as an expert witness, must remember that he is there to tell the truth, the whole truth and nothing but the truth, and should, therefore, give his evidence irrespective as to whether it was likely to lead to conviction or acquittal of the accused. His evidence should be relevant, reliable and clear.

He should speak slowly, distinctly and audibly to enable the judge and counsel to hear him and to take notes of his evidence.

He should use plain and simple language, avoiding all technicalities, as the bench and the bar are not expected to be familiar with veterinary terms. It is no use showing his erudition by using these terms; however, if he cannot help using any veterinary terms he should try to explain it in ordinary language as far as possible.

He should avoid long discussions, especially theoretical arguments. His answers should be brief and precise, and in the form of “yes” or “no”. However, by doing so, if he finds that what he means to say is not understood he can explain his answer after obtaining permission from the judge.

If he does not know or remember any particular point, he should not hesitate to say so and must not hazard a guess in a doubtful case; also he should never assume the function of the judge or jury by giving an opinion on the merits of the case.

He should remember that the lawyer has practically unlimited license and latitude in putting questions to the witness in cross-examination, and consequently he should never lose his temper, but should appear cool and dignified, even if questions of an irritable nature be put to him. However, he should have no complaint against lawyers. They have great regard for him and have shown the greatest amount of courtesy to him at the time of his deposition in court.

The veterinary witness may refresh his memory from his own report already forwarded to the court, but should not do so from his private notes, unless they agree word for word with the original, made at the time of, or immediately after, the occurrence of the event, and were written by him or certified to be correct if written by his assistant; besides, he should be prepared to have them put in as exhibits if desired by the judge or counsel.

He should not quote the opinion of other veterinarians or quote from text-books regarding the case. He is supposed to express an opinion from his own know ledge and experience.

When counsel quotes a passage from a text-book and asks the witness whether he agrees with it, he should, before replying, take the book, note the date of its publication, read the paragraph and context, and then state whether he agrees or not; for, counsel usually reads only that portion which is favourable to his case, and the meaning may be completely altered when it is read in reference to context. In spite of this precaution he should stick to his opinion if it is still his opinion, and if he finds that it differs from the one expressed in the book. To avoid being surprised by such quotations, however, it is advisable to study all the available literature on the subject before giving evidence in court.

Volunteering of a Statement

It is said that a witness is not supposed to volunteer a statement in court, unless called upon to do so. This may be true in the case of a lay witness, but it cannot be so in the case of a veterinary witness. Even though a veterinary witness is called by one side to give evidence in court, he must not forget his duty towards the opposite party-of honesty and fair dealing.

He must also remember that the judge regards him not as a veterinary advocate put forward by one side to establish the case but as an officer of justice helping the court elicit the truth. It is, therefore, the duty of a veterinary witness to state fairly all the veterinary facts bearing on the case without any reservation. Hence it is proper for him to volunteer statements and suggest questions to court, especially when he finds that there is danger of justice being miscarried owing to the court having failed to elicit any important point.

Professional Secrets

Under Section 126 of the Indian Evidence Act, a lawyer can claim privilege and will not at any time be permitted to disclose in court any communication made to him in the course and for the purpose of his employment as such by his client except with his express consent, but a veterinary witness cannot claim such privilege as regards professional secrets obtained by him or communicated to him by the owner of the animal under his care in the course of examination and treatment. Nevertheless, he should, on no account, volunteer these secrets, but should divulge them under protest to show his sense of moral duty, when pressed by the court to do so. Non-compliance with the order of the court may render him liable for contempt of court proceedings.

Negligence

Liabilities under the law of courts are:

• Civil action for damage.
• Consumer Protection Act for Private Veterinarian’s liability under the Act for rendering deficient service due to negligence. Government Veterinarians are exempted from this Act as no considerable amount is charged for rendering services.