Page 336 - Deception at work all chapters EBook

Other Applications 389

Homework

Finally, at the close of the interview or at overnight breaks in multiple interviews, you should
thank the witness for his help (assuming he has given some) and neurolinguistically pro-
gramme him to get his subconscious monkey working overnight.

Example: ‘I am sure that when you get into bed tonight, your mind will race over the things
we have missed. I know your wife will think you are barmy, but keep a pen and pad alongside
your bed and when you wake up thinking about this, as you will, jot down anything that
comes to mind. It always happens. I will do the same, so let’s talk and compare notes at
around 8.30 tomorrow. Is that OK?’

Getting a witness to think overnight pays dividends

STATEMENTS AND PROOFS OF EVIDENCE

The principles

A Proof of Evidence is a written account of what a witness can say in court and which may con-
tain hearsay and other details not directly related to the facts in issue. The Proof of Evidence
may support your case or destroy it. Either way, if it is relevant to the matters in issue, it must
be fully documented.

Do not close your mind to anything.
Don’t reinforce prejudices

Although in both criminal and civil proceedings in the United Kingdom, formal state-
ments usually have to be disclosed to the opposing side, this is not always true of Proofs of
Evidence, providing they are prefaced as follows:

STRICTLY CONFIDENTIAL and in contemplation of legal proceedings
relating to the matters referred to in it.’
‘This Proof of Evidence has been prepared
for the legal advisers of X Ltd for information

This caveat should establish the privileged nature of the document. It is therefore much
safer for inexperienced investigators to obtain Proofs of Evidence, rather than formal signed
statements. However, the decision on whether or not anything has to be disclosed to the other
side must be made by an experienced lawyer, so you must make sure that everything is drawn
to his attention.

Failure to disclose is a mortal sin that can destroy even the best case

Preparing the final draft

You may draft the proof or statement in the presence of, and with the cooperation of the wit-
ness, although in larger cases this is seldom possible and you will have to prepare a number of
drafts as you progress. The critical point is that the final version is not closed until every point