Giving Evidence
| DOI | 10.1177/0032258X6403701006 |
| Published date | 01 October 1964 |
| Date | 01 October 1964 |
| Author | F. A. Gordon |
| Subject Matter | Article |
DETECTIVE
CHIEF
INSPECTOR
F.
A.
GORDON
Criminal Investigation Branch, New Zealand Police
GIVING
EVIDEN£E
This article arises from many years' observation of the way
evidence is given in the courts of my country, and from my own
appearances in the witness box, and I hope it may prove of interest
to police officers elsewhere. Policemen are key witnesses in most
criminal cases and the verdict largely depends on the way the facts
are established to the satisfaction of the court. No police officer
can be rated high in the
job
unless he is a thoroughly truthful and
effective witness.
Do some fail to measure up to this standard? Not many, perhaps,
yet despite their diligent conduct of inquiries, their aptitude for
investigation and their real ability, some policemen are poorwitnesses.
It
is no easy task to give evidence for the first time, as we all know,
and most of us have found
our
first cross-examination (and many
more!) something of an ordeal. Experience is the best teacher,
and with experience comes confidence; the seasoned police officer
even comes to look forward to the challenge, knowing that the
objective is to testify to
"the
truth, the whole truth and nothing
but the
truth".
Not
that inexperience means that a witness will
necessarily fail to impress. There are many instances where young
constables, only recently out of the training school, have given
evidence in a manner that would do credit to a veteran.
What qualities make a good witness? I classify the main ones as
follows: truthfulness, confidence, demeanour, speech, honesty.
This list of qualities may seem odd to some readers, and certainly
needs further explanation, so I will say something about each of
them.
Truthfulness and Confidence
When he enters the witness box a policeman should know what
he is expected to tell the court. To him the issue is simple: to
relate the facts as he knows them. He will confine himself to those
facts and they will never vary.
If
he is hesitant in what he saw or
heard or found his value as a witness will suffer. Confidence comes
with the knowledge that he is familiar with what he has to say
and because he has prepared his evidence and is ready to present it
in words which simply and accurately give the admissible facts.
Demeanour
To give the impression of being unsure or nervous weakens the
testimony; over-confidence is worse. Due respect must be shown
October 1964 481
To continue reading
Request your trial