VIC Sufficient evidence?

[Mate]

Hi Rod,

Thanks very much for your advice over the phone today, as well as for your involvement in the forum. It's great to have such knowledgeable people here.

I have a question about the following situation. In a scenario where an event is investigated and there were 3 witnesses to the conduct. The person that a complaint is raised against claims something completely different to the witnesses. So technically, his word against theirs. Is this always a clear cut solution?

 

[Rod]

Hi Mate,

NP, and no, not always clear cut. Often comes down to who is more believable in these situations.

Also a good barrister will often pick apart stories that have been concocted by colluding witnesses.

 

[Mate]

Hi Mate,

NP, and no, not always clear cut. Often comes down to who is more believable in these situations.

Also a good barrister will often pick apart stories that have been concocted by colluding witnesses.

Hi Rod,

Hope you're having a great weekend.

I understand that where conduct issues arise, who makes a complaint actually matters. In a situation where a complainant escalates an issue that he hasn't witnessed himself, this is apparently less serious. I would appreciate if you could clarify this for me. Complainant raises an event where person A offends person B. If the event is investigated, and the investigation shows the misconduct occurred, why would this be the case?

Many thanks.

 

[Rod]

In a situation where a complainant escalates an issue that he hasn't witnessed himself, this is apparently less serious. I would appreciate if you could clarify this for me.

It suggests the parties to the conduct did not consider the matter offensive or worth reporting.

 

[Mate]

It suggests the parties to the conduct did not consider the matter offensive or worth reporting.

Thanks Rod.

Is it even worth investigating an event that occurred 6 months ago? Memories obviously fade and it is hard to rely on them after such a long period of time. Witnesses can have differing statements which can be the result of passage of time rather than dishonesty.