146. Knowledge Spectrum – Discipline – ROLE AND FUNCTIONS OF THE PRESENTING OFFICER 62.
181. What are the responsibilities of the PO during the Regular Hearing Stage?
During Regular Hearing, witnesses of both sides are examined. As regards the examination of the witnesses of the Disciplinary Authority, PO has the following responsibilities: - Deciding the witnesses who may be dropped. At times Annexure IV of the Charge Sheet may contain witnesses only for the purpose of introducing the disputed documents. In case the CO did not dispute the authenticity of the documents, it may not be necessary to call such witnesses. 10 may accordingly be informed. This has to be done with the approval of the Disciplinary Authority.
Deciding as to whether any additional witness is required. This also has to be done with the approval of the Disciplinary Authority. Thereafter a request will have to be made to the 10.
Contacting and briefing the witnesses. There is nothing unethical in contacting the witnesses in advance and informing of the proposed hearing. If the pre recorded statement of the witnesses is available, the same may be shown to the witness also. The witness may also be informed of the likely questions during cross examinations and be advised to be ready with answers.
- Needless to add that it would be highly unethical to request or persuade or pressurise the witness to depose in any particular manner
- Arranging the attendance of the above witnesses
Conducting the examination of the witness: Normally, examination in chief may not be in the question answer form. If a pre-recorded statement is available, the same may be read over to the witness and he/she may be asked to confirm the same. The witness may also be asked if he/she would like to add, subtract or modify the contents of the pre-recorded statement. Otherwise, the witnesses may be asked to introduce himself/herself and then state the facts relevant to the case. PO, however, is expected to be ready with the details which are to be stated by the Witness. In case any particular information was not covered by the witness in his/her narration of the events, PO should specifically ask for the same.
Conducting re-examination of the witnesses where necessary: PO should carefully watch and note down the likely confusions created through the cross-examination. Appropriate questions must be put during re-examination, to clear the misconceptions created through cross-examination.
182. What are the responsibilities of PO during cross examination of Defence Witnesses?
* Gathering the background information about the defence witnesses.
* Anticipating the deposition of the defence witnesses.
Observing the examination in chief of the defence witnesses so as to judge the veracity of the statements, involvement/interest of the witnesses and also to object to leading questions.
183. What precautions are required on the part of the PO during the Regular Cross examining the defence witnesses
It is said that efficient examination-in-chief. comprises in asking questions in such a way that the witness understands what answer is required; efficient cross examination comprises in asking questions in such a way that the witness does not understand what answer is required. In addition to the general skill of questioning during examination of witnesses, the PO should take the following precautions:
a. Ensure that no leading questions are asked during examination in chief and re-examination of the State witnesses
b. Object to the Leading questions raised by the CO or the Defence Assistant during examination or re-examination of the defence witnesses
C. Raise objections, where necessary, during cross examination of State witnesses.
d. Ensure that recorded statement of witness is true to the depositions and free from errors.
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