“Well he would say that, wouldn’t he?” – Giving evidence in Court Series #3
This quote by Mandy Rice-Davies giving evidence at the Old Bailey is immortalised. It is used to point out that when denying an accusation, it is obviously in the accused’s own interests to deny it regardless of whether that denial is true. Wikipedia sums up the scene in Court –
“While being cross-examined at Ward’s trial, Rice-Davies made a riposte which has since become famous. When James Burge, the defence counsel, pointed out that Lord Astor denied an affair or even having met her, she dispatched this swiftly with pert humour, “Well he would, wouldn’t he?” (often misquoted “Well he would say that, wouldn’t he?”). By 1979, this phrase had entered the third edition of the Oxford Dictionary of Quotations, and is occasionally referred to with the abbreviation MRDA (“Mandy Rice-Davies applies”). Astor was married at the time to Bronwen Astor, and decades later she too denied that there had been an affair between Rice-Davies and her husband, leading Rice-Davies to say that he had started it, not her.”
So, what can we learn from Ms Rice-Davies? These are the SIMPLE RULES ABOUT GIVING EVIDENCE.
If the following rules are observed, no witness should have difficulties in giving evidence. If they are broken, many difficulties will follow.
Rule 1
Do not answer any question until you understand the question. If you do not hear the question, or you do not understand the question or you want it repeated, then say so. Nobody will object to that.
Do not take a “bash” at a question you do not fully understand. Consider each question before you answer it. You do not have to answer immediately and before you have taken the opportunity to think about your response or ask for the question to be said again.
Rule 2
Direct your mind to the particular question and answer only the question you are asked. Do not provide an answer to some other question which might have been asked or which you think should have been asked.
Rule 3
Answer the questions as briefly as possible consistent with the truth. If you can answer a question “Yes” or “No”, then do so. If you cannot answer frankly without making a qualified answer then say so, and give the qualified answer.
Do not volunteer information.
Rule 4
Do not argue with opposing Counsel (or for that matter your own!). Do not try to argue the case for yourself or for the party you are supporting. This is the task of Counsel. You are called only as a witness to give evidence.