04/12/2018
The best litigants are those that will make the witness give them answers they intend to get out of them. It is very important for all litigants to master the art of cross examination.
THERE IS ALWAYS HUMOUR & INTRIGUE IN CROSS EXAMINATION.
By Kampala Law Monthly Magazine Team.
In a suit for recovery for the price of a carpet sold a witness testified the details of the transaction as there was no written contract.
Q - But there was no written agreement for the sale of a carpet?
A - Well you don't have a written agreement when you buy a loaf of bread either, do you?
Q - But you don't cover the floor with a loaf of bread, do you?
A - Neither do you eat a carpet, do you?
Some very important rules.
Never take your eyes from that of the witness. It is a channel of communication from mind to mind the loss of which nothing can compensate.
Be not regardless of the voice of the witness. Next to the eye, this is perhaps the best interpreter of the mind.
Be mild to the mild - shrewd with crafty - confiding with the honest - merciful to the young, frail or the fearful - rough to the ruffian and thunder-bolt to the liar.
Like a skilful chess player, in every move, fix your mind upon the combination and relations of the game - Partial and temporary success may otherwise end in total and remediless defeat.
In a cross examination, every question that does not advance your cause, injures it.
IN a case a Police officer testified that a boy accused of a minor offence was in his opinion, insane.
Q - You mean he is non -compose mentis?
A by policeman - I don't think I understand.
Q - What you don't know the meaning of non-compose mentis? How many years have you been in service.
A - 25 years.
Q - A policeman for 25 years and you don't know what non-compose mentis is?
A - If I knew that kind of language I wouldn't be a policeman.
Source –
Read Lord Brampton, ‘What are some of the best Cross – examination ever conducted in the world.
(1) Paul Brown's Principles about Cross Examination.
(2) Sarkar on Evidence.
(3) Cross Examination - Orient Law House.
(4) The Art of Cross Examination - P. Ramnath Aiyyar.