Misleading Justice I

Question 1

Perjury Legislation

Answer 1

S108 CA61

(1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

Question 2

Elements of perjury

Answer 2

1. A witness making any
2. Assertion as to any matter of fact, opinion, belief, or knowledge
3. In any judicial proceeding
4. Forming part of that witness’s evidence on oath
5. Known by that witness to be false, and
6. Intended to mislead the tribunal

Question 3

Perjury Penalty

Answer 3

S109 CA61

(1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.
(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

Question 4

Examples of misleading justice

Answer 4

Examples of conspiring or attempting to mislead justice within sections 116 and 117 may include:

1. Preventing a witness from testifying
2. Wilfully going absent as a witness
3. Threatening or bribing witnesses
4. Concealing the fact an offence has been committed
5. Intentionally giving police false information to obstruct their inquiries
6. supplying false information to probation officers
7. Assisting a wanted person to leave the country
8. Arranging a false alibi
9. Threatening or bribing jury members.

Question 5

Investigative procedure into misleading justice offences

Step 1

Answer 5

Interview the complainant and:
• find out what evidence there is that the evidence given was false,
and how the complainant knew it was false
• take a statement.

Question 6

Investigative procedure into misleading justice offences

Step 2

Answer 6

Obtain a transcript of the evidence, the judge’s notes, the formal statements and any relevant documentary exhibits. Interview the court stenographer and obtain their original shorthand notes

Question 7

Investigative procedure into misleading justice offences

Step 3

Answer 7

Establish that the proceeding was judicial.

Question 8

Investigative procedure into misleading justice offences

Step 4

Answer 8

Interview the court clerk and obtain proof that an oath, affirmation or declaration was administered to the suspect. Any deficiency in the administering may invalidate your case.

Question 9

Investigative procedure into misleading justice offences

Step 5

Answer 9

Interview the other witnesses and take statements from them to corroborate, qualify or eliminate the allegations.

Question 10

Investigative procedure into misleading justice offences

Step 6

Answer 10

Interview the suspect and find out whether they:
• knew the evidence was false
• intended to mislead the tribunal.

Question 11

Investigative procedure into misleading justice offences

Step 7

Answer 11

put a ‘Brief of Evidence’ from each witness in the file
• prepare draft charges
• submit a report, recommending that the file be sent to the Commissioner to authorise a prosecution. In the first instance, refer the file to the legal section

Question 12

The two main points to be covered when interviewing a suspect in respect of perjury are:

Answer 12

1. Whether the suspect knew their assertion was false, and

2. whether they intended to mislead the tribunal governing proceedings.

Question 13

Perjury

When is offence complete

and no defence

Answer 13

At the time the false evidence is given accompanied by an intention to mislead the tribunal.

There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.

Question 14

Examples of misleading justice

Answer 14

Examples of conspiring or attempting to mislead justice within sections 116 and 117 may include:

1. Preventing a witness from testifying
2. Wilfully going absent as a witness
3. Threatening or bribing witnesses
4. Concealing the fact an offence has been committed
5. Intentionally giving police false information to obstruct their inquiries
6. Supplying false information to probation officers
7. Assisting a wanted person to leave the country
8. Arranging a false alibi
9. Threatening or bribing jury members