The quality of evidence that you assemble for presentation in your disciplinary enquiry in the cornerstone of your success. There are several types of evidence out there. Some of these are reliable and admissible. Others are neither reliable nor inadmissible. Do you know what the difference is? You need to be 100% up to speed with this because this will determine whether or not you win the case!
4 Types of Evidence that is Essential to your Disciplinary Enquiry
1. Character Evidence
This type of evidence is usually not admissible or relevant. PF Fourie agrees:
” … evidence … to the effect that the accused has a bad character, is inadmissible … unless the character evidence has some bearing on issues unrelated to the reputation of the accused…”
This being said, character evidence could go towards substantiating a decision that has been arrived at in a disciplinary enquiry.
2. Similar fact evidence
Similar fact evidence shows that a party to a matter has behaved in a similar manner to the behaviour he or she is being accused of. This type of evidence is generally inadmissible and irrelevant. However if it is presented in a logical manner – and is applicable to the matter at hand – it will be admissible.
3. Opinion evidence
The opinion evidence of individuals – who are not experts in the cause of action of the case – is irrelevant and inadmissible. However, if the opinion evidence is given by an expert in the cause of action of the case, this type of evidence is relevant and admissible.
4. Previous consistent statement
When a witness in a disciplinary enquiry has given written or verbal testimony about a particular fact, and he or she gives subsequent testimony that is the same or substantially similar to the previous statement, this type of evidence is known as a previous consistent statement. This type of evidence is relevant and admissible when the question of fabrication is raised.
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