ABSTRACT

The witness testimony should be a confidential communication, but will form an integral part of the overall investigation. In many instances, where litigation may ensue, the document or recorded testimony may be stamped with the words "Client!Attorney Privileged Information". The interviewer should avoid leading the witness or trying to make the witness say something that is circumspect, inaccurate or untrue either intentionally or unintentionally. If a witness provides evidence that cannot be attested to as fact, it is known as hearsay and may not be used in evidence in a court of law. Such evidence should not necessarily be discounted but attempts should be made to verify via other independent sources, whether from physical data or the evidence of other witnesses. It goes without saying that when such information is brought up it may form the basis for questions to other witnesses or a need to re-interview other witnesses to check for veracity.