ACFI Mock Trial – “Investigator on the Hot Seat”

The latest in the ACFI series of educational and training tools to aid forensic investigators

Run time approx 2:00

This DVD contains a video of a cross-examination of a witness on an affidavit sworn in support of interim, injunctive relief, a brief re-examination, and a separate segment where the participants form a panel and debrief the attendees of the 2006 ACFI conference which saw their demonstration.  Unlike most cross-examination, this one was overseen by the eminent Justice Gans, whose interventions are most helpful in illustrating the judicial attitude toward an investigator ‘s testimony during cross-examination.   While almost all  training videos are set in a trial setting, the fact is that many investigators are more likely to be required to submit affidavits in support of court applications or motions and be cross-examined on them than they will be asked to testify at trial.  This DVD therefore fills an important niche by providing a first class training video on out of court cross-examinations.  Because the process of cross-examination on an affidavit remains unchanged since 2006, this video remains as relevant today as when it was produced.

The DVD lasts approximately 2 hours, with Mr. Rosenberg ‘s  cross-examination lasting about 40 minutes, and Peter Wells ‘ re-examination lasting less than 10 minutes.  Then legal argument follows for about 15 minutes.  Justice Gans then renders reasons for his decision to uphold an interim injunction that was being challenged on the motion. The video concludes with an hour long debriefing by the panelists for the attendees of the conference.  

 The video is a good illustration of the process as it shows how lawyers typically fumble around at the start of cross-examination to probe for weaknesses, and then penetrating questions follow once those weaknesses have been pinpointed.  As a witness you will want to see how your evidence is woven into legal argument by watching this video. As always, Justice Gans ‘ comments throughout the proceeding are worth their weight in gold, and should be mandatory viewing for any investigator who may be called upon to give evidence in a court of law.

David Debenham, LLB, LLM, MBA, CFI, CFE, CMA, ACIS, DIFA, MFAcc – 2019