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Other Applications 381

Category B                                       Possible persuasive arguments
Witnesses requiring persuasion                   You should make it clear that:

                    Nature of the case           The witness will not be alone but will be
Relating to a serious matter, such as a serious  supported by other witnesses, documentary and
fraud                                            technical evidence. You must make it clear that
Type of evidence                                 the witness will be one of many
Has sensitive or emotionally laden evidence
against the suspect, such as what he did or      Rationalization: The reasons for any genuine
said. Usually such evidence is not supported by  mistakes and poor performance are understood
formal, written records                          and are not a problem providing they are
                                                 openly admitted. Subject to legal advice and
           Personal interests of the witness     management approval you may give the witness
Wishes to hide poor performance or a personal    immunity in relation to genuine mistakes
ambition
                                                 This is a very difficult situation and you must
Emotionally or financially involved or has been   decide whether to treat the subject as a witness
compromised by the suspect                       or suspect. Unless you have specific legal and
                                                 management authority you must not give any
Is known to the suspect                          witness immunity for his dishonesty29

                  Payment of a reward            Persuasion
The witness demands payment for giving his       A witness summons may be issued, compelling
assistance                                       him to attend

The witness demands immunity from                Again a dangerous area. Payment should only
prosecution                                      be made with specific legal and management
                                                 approval. Also remember if the case goes to
                 Nature of the suspects          court, payments have to be disclosed to the
Suspects are violent criminals                   opposing parties. This fact often exposes the
The potential witness has been threatened or     witness to attack and reduces the credibility of
pressurized, but does not appear to have acted   his evidence
dishonestly
                                                 Unless you have specific legal and management
                                                 authority you must not give any witness
                                                 immunity for his dishonesty. If the case goes to
                                                 court, the complete story has to be disclosed to
                                                 the opposing party

                                                 Conduct the interview informally, promising
                                                 the witness anonymity and total confidentiality
                                                 and that his evidence will not be used overtly.
                                                 Ultimately, cases of organized or violent crime
                                                 should be reported to the police

29 If you do so, it is likely to prejudice a fidelity insurance claim and lead to problems in court
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