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Lawyer asks witness's son to take a fall

A lawyer has come up with a novel way of asking a witness to disappear - by requesting his son fall off a bike.The Salt Lake Tribune reports that Mexican lawyer Hernandez Marin approached an…

user iconLawyers Weekly 23 August 2011 SME Law
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A lawyer has come up with a novel way of asking a witness to disappear - by requesting his son fall off a bike.

The Salt Lake Tribune reports that Mexican lawyer Hernandez Marin approached an accountant who was an expert witness in a legal dispute against his client, the American drug manufacturer Baxter International.

According to recordings of the conversation between the two men in Mexico City, Marin tells the accountant that he will pay for a flight to New York for him to ensure he misses the date on which he is meant to testify.

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"You go to New York with your wife," said Marin allegedly. "You say that your son fell. He broke his leg on a bicycle in Manhattan and you had to go. And that's why you didn't accept the assignment."

It was not explained if the accountant's son was already in New York, or if his skills in the saddle were comparable to our Cadel, to make such a scenario unlikely.

Later in the recording, Marin suggests to the accountant that it is okay if he would rather go to Las Vegas.

Baxter, a company which manufactures drugs used to treat people with conditions including hemophilia and kidney disease, claims that Marin was not authorised by them to make such an offer and has ceased its association with him.

Under Mexican law, Marin has committed no crime as charges for bribery can only be laid if the offer was made to a public official. Marin also escapes possible charges in relation to tampering with an expert witness, as it is illegal to persuade them to provide false testimony or to fail to disclose the truth in legal proceedings, but not, apparently, to pay for a trip overseas on a date that coincides with an appearance in court.

Folklaw considers that Marin is a lucky lad, in that he can take his bike and ride back to the office, albeit with a lighter client load.

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