Don’t pounce too soon

Sometimes, when you are cross-examining a witness, you get an answer that you are very pleased with: for example, if you want to discredit the witness, you will be delighted if he says something that can be refuted by a document in the bundle.

It is satisfying when this happens. But try not to look too much like a cat pouncing on a mouse as you reach for the bundle to score the point. Otherwise the witness may realise his mistake in time to limit the damage. So sit still and keep a poker face while you say something like ‘You’re reasonably sure of that are you?’ If you get a yes to that, you may want to box him in even further before he realises he’s in trouble: ‘You’d be likely to remember quite clearly because…?’ With luck, you’ll have got him to confirm his evidence beyond all hope of retraction or fudge before you take him to the page that proves him a liar.