What the investigator should do
From the Canadian university information set:
When considering the issues of witness competence and compellability, an investigator must keep in mind that the evidence collected from certain witnesses, such as spouses, children, and persons of low mental capacity, may be subjected to these rules. Exemptions for witness testimony and exclusion of the evidence may occur at trial (
R v Khan, 1990; Justice Canada, 2017).
That said, during the investigation, it remains within the purview of the investigator to assess the information and evidence collected, and to consider that evidence when forming reasonable grounds to believe and take action. When considering the nature of the information and evidence received,
it is not up to the investigator to assess whether the court will accept the information or not. The investigator’s use of the information and evidence received from a spouse, a child, or a person of low mental capacity should not be discounted in forming reasonable grounds simply in anticipation of a possible exemption of the witness and exclusion of evidence by the court. If the person giving the information or evidence is assessed as being a credible witness, the investigator should consider that material and give it fair weight in forming reasonable grounds for belief.
https://pressbooks.bccampus.ca/crimi...ss-management/
Looking at the casA manual, essentially the same applies.
it is not up to the investigator to assess whether the court will accept the information or not......
This begs the question as to why there are so many reports of moore and haslam changing witness statements
Last edited by advo-cate; 20th Oct 2020 at 21:00.
Reason: "spelling"