“Try my question” – Giving evidence in Court Series #2

The Australian Financial Review’s headline said it all “How a Packer didn’t get his own way”.

James Packer’s grilling at the NSW casino inquiry was portrayed as an existential crisis – “the family’s aura of invincibility is fading. The seeds of this crisis were sown long ago.”

The AFR observed that over three gruelling days of evidence, James Packer was pilloried –dirty washing aired, allegiances questioned and his role in Crown’s now obvious failings of risk management exposed. Suggesting – for the first time in a very long time, a Packer didn’t get his way.

Of course, the witness box is a very lonely place but perhaps he should have showed less hubris than having his evidence beamed in from his luxury yacht, moored somewhere in the South Pacific.

Neither does trying to be too familiar with the Judge just answer the questions and keep your head down. Packer tried a charm offensive – “Madam Commissioner, not wanting to be flippant, I think you are underselling yourself,” Packer said of the power of her eventual recommendations. Predictably, this did not go down well – “I’ve not been known for that, Mr Packer,” the Commissioner replied wryly.

So other than using a modest virtual background to hide your actual luxury yacht, what are some tips to focus and perform well in the witness box?

You should dress in an appropriate fashion. If you are appearing in person in a court room you should present yourself to the Court in commercial business attire.

When you are approaching the witness box, you should not walk in front of the Bar table. When you arrive at the witness box:

• Pour yourself a glass of water.
• Ensure you are seated comfortably.
• Position your chair so you are looking at the Judge.

Ready for my close-up, Mr Milne.

A whole set of others rules apply when appearing virtually.

If you are appearing virtually, position the camera so you are looking straight into the camera but with the camera an appropriate distance away. I have observed that sometimes a witness has 2 screens with a camera on one screen and they are watching the judge on another. It is excruciating to watch the side of somebody’s face.

It is imperative you are looking down the barrel of the camera like a newsreader.  If you are giving evidence using a laptop computer, put a red dot sticker next to the camera eye so you concentrate on looking at the red dot.

Also, position the camera away from your face so you don’t look like Big Brother in 1984 -you don’t want your face taking up the whole screen.

Don’t put your laptop on your legs –sit on a chair at a table and place the laptop on the table.  We don’t want to look up to you, nor do you want to be distracted.

Don’t forget that you are appearing in court before a judge who will decide your fate.  Make sure the background is neat and tidy and not cluttered – you want to make a good impression.

Wear a clean, ironed shirt or blouse – presentation is everything.

When it is necessary for you to give the oath or affirmation (if you don’t believe in a higher power), ensure you say your oath or promise to the Judge.

You probably will not, but if you must, you should only ever address the judge as ‘Your Honour’.

When it is necessary for you to answer a question of the other side, do not answer immediately, allow sufficient time to ensure you understand the question and sufficient time for you side’s’ Counsel to object to the question if they wish to do so. Please remember this is the first time Counsel has heard the question and Counsel needs a little thinking time before Counsel can object. You should answer the question clearly and in a calm tone of voice. Where possible direct the answer to the Judge.

For more tips, read our other articles in this series.