Page 337 - Deception at work all chapters EBook

390 An HR Guide to Workplace Fraud and Criminal Behaviour

and every discrepancy that could be relevant has been resolved. Documents and other exhib-
its referred to in the Proof of Evidence should be accurately cross-referenced and attached.32
Normally, lawyers will use the Proof of Evidence for preparing a formal statement or affidavit
and will also decide what has to be disclosed to the opposing party.

Always keep your legal advisers fully informed.
Avoid surprises in court

Refusal to sign a proof

If a witness refuses to sign a Proof of Evidence, you should read the draft to him – word for
word – and then ask him to check it himself. He should be asked if it is correct and, if not, any
corrections or additions should be made and initialled even though he may refuse to sign the
statement as a whole.

Criminal Justice Act statements

When criminal proceedings are contemplated in the UK, witnesses may be asked to
sign a CJA statement, bearing an endorsement under the Criminal Justice Act (CJA: see
www.cobasco.com).

‘This statement consisting of … pages, each signed by me, is true to the best of my
knowledge and belief, and I make it knowing that if it is tendered in evidence, I shall be liable
to prosecution if I have wilfully stated in it anything which I know to be false or do not believe
to be true.’

Statements of this type are sometimes invaluable because they can be introduced directly
into evidence without the need for the witness to attend, but they should only be taken by ex-
perienced investigators and then under legal advice. They are particularly useful if you believe
a witness may be lying. The statement can be drafted and the pavement raised by pointing
out the seriousness of the perjury provisions. This has caused a dramatic change of direction
by some deceptive witnesses.33

UPDATING DOCUMENTATION

In complex cases, it is vital that you keep the fraud theory, chronology, investigations plan
etc. up to date and that files are maintained and kept securely.

ADVISING AND PREPARING THE WITNESS

Normally, lawyers will decide which witnesses will be called, but this can be a traumatic
time for those who have helped you. You and your lawyers should make sure the witness is
still prepared to give evidence and you should explain the process to him. You should again
check the accuracy of his statement or Proof of Evidence with him and if there have been any

32 Usually in indexed binders
33 But you must keep the original draft and disclose it to your legal advisers