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CONDUCT OF THE INQUIRY AND INTERVIEWS

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Transcription CONDUCT OF THE INQUIRY AND INTERVIEWS


PRINCIPLES OF NATURAL JUSTICE AND THE RIGHT TO DEFENSE

The investigation must be governed by the principles of natural justice: no one may be judge in his own cause and no one may be convicted without being heard. Both parties must have a fair opportunity to present their case.

This includes the right to examine the evidence presented against them and to cross-examine the other side's witnesses (usually through a written questionnaire given to the committee to avoid direct intimidation).

The process must be completed in a total of 90 days to avoid perpetual limbo. If Galileo Galilei were the investigator, he should use inductive and deductive reasoning, without prior bias.

If Salieri accuses Mozart, the committee cannot assume that Mozart is guilty just because of his reputation as a party animal. They must rely strictly on the evidence.

If Salieri presents a witness, Mozart has the absolute right to ask questions of that witness to prove whether he is lying or has an ulterior motive, thus ensuring procedural balance.

INTERVIEWING TECHNIQUES FOR VICTIMS, DEFENDANTS AND WITNESSES

Interviews are the heart of the inquiry. They should ideally be conducted by two committee members in a private, neutral location.

Questions should be open-ended and chronological ("What happened next?", "Who else was there?"), avoiding leading or leading questions.

When interviewing the victim, the emotional and professional impact should be probed.

The defendant should be presented with the allegations point by point for response.

Witnesses should be asked strictly about what they saw or heard directly, separating fact from hearsay.

If the committee interviews Sherlock Holmes as a witness to an incident, it should ask him, "Mr. Holmes, did you directly see the defendant touch the complainant on November 5?"

If Holmes answers, "I did not see him, but Dr. Watson told me that...," the committee should dismiss that as hearsay or hearsay evidence. The goal is to gather first-hand facts.

With the accused, e.g., Al Capone, the interview should be direct but impartial, giving him time to reflect and respond to each charge without aggressive interruptions.

HANDLING OF DOCUMENTARY AND DIGITAL EVIDENCE

The committee has the power to require "discovery and production" of documents.

This is not limited to papers; it includes emails, chat logs, CCTV recordings and attendance records. It is vital to ensure the chain of custody of this evidence so that it is not tampered with.

During the inquiry, all involved (including committee members) must sign confidentiality agreements (NDAs) to protect sensitive information.

Leaking evidence during the process is a serious punishable offense. If Richard Nixon is investigated for harassment, the committee would have the authority to demand the oval office tape recordings or staff sign-in logs.

If Nixon attempted to erase those records, it would be considered obstruction.

The committee must look at this evidence objectively: do the times of the WhatsApp messages match the victim's testimony? Do the security cameras show that the two were in the elevator as alleged? Documentary evidence is often the deciding factor when there are conflicting versions.

Summary

The investigation is governed by natural justice, ensuring that both sides are given a fair hearing. Cross-examination of witnesses is permitted and the entire process must be completed within a maximum of ninety days.

Interviews must be conducted in private, using open-ended questions to elicit straightforward chronological facts. A strict distinction must be made between first-hand testimony and hearsay, avoiding leading questions to those involved.

The Committee has the power to require documentary evidence, digital records and security recordings. It is crucial to maintain the chain of custody and sign confidentiality agreements to protect all sensitive information collected.


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