Page 396 - Deception at work all chapters EBook

Giving Evidence 397

Prepare carefully

CHECK YOUR PAPERS

Always prepare for court carefully. Know your statement, Proof of Evidence or affidavit, back-
wards, forwards and inside out and the exhibits to which they refer. Double check all sched-
ules, calculations and conclusions you have made in your statement or which you might be
required to comment on during your evidence. If you believe that a source of your information
should be protected, or if you have some other problem, speak to the lawyer representing your
side. You must also make sure that you have told him about every piece of evidence, intelli-
gence or rumour so that he can decide what has to be disclosed to the other side. If something
has not been disclosed that should have been, he will blame you. Remember, lawyers are very
clever and never responsible for any failure.

Check your notes, and other records you may be allowed to refer to in the witness box to
refresh your memory; make sure you can read and understand them.

MAKING NOTES AT THE TIME

An investigator was asked in cross- then added a fatal piece of humour: ‘Unlike
examination: ‘You have said that you wrote lawyers and doctors, I have been trained to
your notes at the time; that they were write nicely.’ ‘Very good, Mr Jones. I am now
contemporaneous. Is that correct?’ ‘Yes,’ going to dictate a passage to you at normal
replied the witness. ‘And was the interview conversational speed and I would like you to
conducted at normal conversational speed?’ write down notes of everything I say.’
Counsel asked and the witness agreed that
this was the case. Within two minutes the witness was a
blubbering wreck, because he could not
‘They are very neat and tidy, Mr Jones, keep pace with the dictation. The case was
aren’t they?’ ‘Yes’, replied the witness and thrown out.

Also anticipate that your notes will be taken from you while you are in the witness box and
scrutinized by opposing counsel and possibly a forensic document examiner acting on his
behalf. This makes it imperative that they do not contain embarrassing things such as details
of your Swiss bank accounts, notes about your neighbour’s niece or golfing results.

Experience is something you don’t get until after you need it

GET IT IN YOUR DIARY

Make sure you have multiple reminders– in your diary, filofax, PDA and on the back of the
fridge door – of the date and time you are required to attend court. If you forget to appear and
instead buzz off to play golf with your pals, you will be in very serious trouble.

THINK ABOUT THE QUESTIONS

Develop a fraud theory in reverse and think, if you were the defendant, how your evidence
might be attacked. Consider the questions you might be asked and discuss them with your
colleagues and, if he is willing, with your lawyer. If you have weak points or have made mis-