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Seven rules for considering hearsay evidence in a disciplinary enquiry

by , 27 August 2015
By general definition, 'hearsay' is understood as being information that canno't really be proven. It's often heard by someone else and so can easily amount to nothing more than rumours.

For example, hearsay can be when person A heard from person B that pPerson C did something.
But hearsay is presented as a form of evidence, however weak, during discipline.

In a disciplinary enquiry, hearsay evidence is said to be evidence whose value depends on the credibility of any person other than the one giving such evidence.

It's seen as indirect evidence and so can be unreliable. Because of this potential unreliability, the chairperson must carefully look into the weight that he gives hearsay evidence.

Here are seven rules that you must look into when determining its weight:

  1. The nature of the proceedings; 
  2. The nature of the evidence; 
  3. The purpose of the evidence; 
  4. The probative value of the evidence; 
  5. The reason why the witness isn't providing the testimony herself;
  6. Any prejudice towards a party that the evidence might amount to; and
  7. Any other possible factor that can be taken into consideration. 

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After having looked at these seven rules, hearsay evidence can be admitted if it believed to be in the best interest of justice.

So there you have it! There are seven rules to follow when considering the value of hearsay evidence.
To learn more, click below…


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