APPEARANCE IN COURT OF RORY BEST ‘COULD HAVE BACKFIRED’
RORY Best’s unexpected appearance to observe proceedings at the Paddy Jackson trial as a ‘potential’ character witness was certainly ‘untypical’, but there are no rules against it, according to legal experts.
However, a number of experienced criminal defence lawyers who spoke to the Irish Daily Mail anonymously felt that Mr Best’s sudden appearance in court was ‘very inadvisable’. ‘It could have backfired spectacularly,’ said one. Another said it was an unwise tactical decision to have had him anywhere near the court. Several experts said it was not unique in criminal trials.
When asked last month if he had sought any permission from the IRFU to attend the trial, the Ireland rugby captain said: ‘The reason I was there – it’s on the record I was called as a character witness – and I was advised that it is important that I got both sides of the story so I could make an informed decision about that.’
Mr Best sat in the public gallery on day three of the trial, the same day as the complainant started giving her evidence. But he never did take the stand at any point during the trial. However, it was mentioned that he and Paddy Jackson were good friends, and that he once baby-sat Mr Best’s children.
There was disquiet on social media about Mr Best’s actions and, after he appeared in court, the #NotMyCaptain hashtag was posted by those who were angry with his decision. The controversy threatened to overshadow Ireland’s preparations for its Six Nations game against France that week. One rugby fan using the #NotMyCaptain hashtag said he had season tickets and would stop going to Irish rugby games unless Best spoke up.
Giving her own account, Judge Patricia Smyth had said during the trial: ‘The only reason that Mr Rory Best was in this courtroom was because he was directed to be here by senior counsel. That’s the reason he was here. That’s the only reason.’
Last night, seasoned Belfast-based criminal defence barrister Kevin Magill told the Mail that while character witnesses are generally unusual in criminal cases in the North, ‘there are no rules I’m aware of regarding that witness being in court’. He explained: ‘It’s very unusual for character witnesses to be called. It certainly wouldn’t be the norm. But there are no legal rules as such about calling character witnesses.’
All witnesses are only ‘potential’ until the moment they are called to the stand – because legal teams have their witness list under constant review in the light of how the trial is developing, he explained.
A character witness sitting in court to hear other evidence preceding his or her possible turn on the stand is ‘by no means unique’ in his experience.
However, Mr Magill pointed out: ‘No lawyer would put a witness in [the stand] unless they know what the witness is going to say.’
Character witnesses can be called to testify by any accused at rape trials both in the Republic and in the North. Another barrister explained: ‘Character evidence can be given, but the judge may warn the jury that while useful, it’s not the hinge of a case. That just because you’re a nice person who lives in nice house and never hurt anyone before, it doesn’t mean you weren’t capable of the crime.’
Another courts insider pointed out: ‘If that was in the Republic, Rory Best turning up wouldn’t have made any difference to anything because the media can’t use the picture. No-one can be identified here.’
‘He was directed to be here by counsel’