Thank you for joining me today. I’m here to talk to you about how to win a case where you’re involved in a bar fight. Obviously, in situations involving abar, there’s liquor and you’re dealing with – typically – very unreliable witnesses and many of whom could be drunk or under the influence and what happens in this particular case is clients come to us and they say, “Look, Mike, I was acting in self- defense. I was attacked and now all of these guys witnesses, he’s the guy that attacked me, his buddies are testifying against me and they’re saying the same thing on paper essentially.” So we get all these police reports so there’s one example from all of these witnesses. Another client might say to me, “Look this was a mutual fight, no one was injured, we agreed to fight.” That’s a defense, if there’s no significant injuries you can engage in a consensual fight. If there’s injuries on the other part person which are significant beyond trifling, you can’t consent with that. The other common defense to a bar fight is a case of mistaken identity. People got the wrong person because there’s a lot of action happening. What do we do then? We prepare you to testify. We receive your version of events and we look at all the disclosure video statements from different witnesses and different angles and what I’ve often found in these cases is when it gets in trial, the case breaks down and the crown starts calling all these witnesses and many of whom were drinking and you wouldn’t even think they’re seeing the same events as the next witness. The technique here is to pin the first witness down to a version of events. Try and create inconsistencies between his version and the original video that he or she gave that’s a prior inconsistent statement and start comparing them from the other witnesses so for example, if the crowd calls five or six witnesses all have been drinking, you wouldn’t even think sometimes they saw the same event, that’s called reasonable doubt and the court can make it out. It becomes comical sometimes because this person’s certain, that person’s certain. The only thing that could sort this out is if you have a video camera and the video camera probably you know was different from all of the people’s memories as well because: they’re drinking, they’re drunk, they’re unreliable, they’re trying to help their friend, they’re biased. That’s what they ‘think’ they saw. There’s confusion, things are happening quickly. This is why you can win a bar fight in terms of winning in court. You can create reasonable doubt. You apply the WD Test, the test that I refer to in many other videos about how to assess the accused’s credibility. Sometimes you don’t even have to call the accused because the situation is so confused the judge or jury throws their hands up at the end of the case and they say “look I can’t sort this out”. There’s more than reasonable doubt. These witnesses were all drunk and they’re unreliable. I’ve seen so many of these cases fall apart. Sometimes, the more witnesses the crown calls, the worse it gets. That’s the video tip of the day and that’s how you can win in a court on a defending a bar fight situation.

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