KCVA: CRIMINAL INVESTIGATION ASSIST
The purpose of this series of communications is to equip our members with a basic skill-set that will be extremely valuable in assisting with criminal investigations. This series of ‘information notes’ will be posted on our Web page and linked Facebook page.
PART 3: CRIME VICTIM AND OR WITNESS STATEMENT
WHAT IS A WITNESS STATEMENT
The aim of all criminal investigations are to gather sufficient evidence to prove the alleged offence and the identity of the perpetrators thereof. The most important way to gather such evidence is by way of sworn witness statements. Such statements will be the basis upon which applications for warrants of arrests are made and decisions will be taken of whether to institute prosecutions or not.
CONTENTS OF A SWORN WITNESS STATEMENT
For many police officers the taking of sworn witness statements has become a routine process, which loses sight of the importance and value of the contents thereof. Such statements must entail reference to the elements of the offense alleged as well as full details of the offenders in respect of identification. The contents of such a statement is therefore much more than a mere narrative of what has happened.
BELOW IS A CHECKLIST FOR THE ESSENTIAL CONTENTS OF A WITNESS STATEMENT AS WELL AS AN EXAMPLE OF SUCH A STATEMENT
SWORN WITNESS STATEMENT CHECKLIST
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EXAMPLE OF A SWORN WITNESS STATEMENT
I, JOHN GERALD SMITH, do hereby state as follows under oath:
1
I am an adult male with ID number ****** **** ** *. I reside at 15 James Street, Wilro Park, Roodepoort. I am employed as an IT Specialist with ABC IT Solution. My work address is 123 Mary Road, MIDRAND. My contact numbers are AS FOLLOWS: (W) 011 555 5545 and (C) 082 000 0000.
2
On Friday, 12 May 2015 at approximately 05h00 I left my house at the above-noted address. All the doors and windows of my house as well as the main gate to the property were locked with no damage.
3
At approximately 19h00 on the same date, I returned home to my home at above-noted address. Whilst pulling into the driveway, I noticed that the main gate to my property was slightly open.
4
I stopped my vehicle right in front of the gate. The headlights of my vehicle lit the main gate area. At that time, I noticed a white male exiting my yard through the semi opened main gate. He turned to his left and ran down the road.
5
He was wearing a red and blue checked shirt, black or dark pants, and white shoes. He had a plasma screen TV under his right arm. It seemed as if he was wearing a black woollen hat. He had a dark beard. When running he had a limb to his right. I have not seen this person before. As my vehicle’s headlights were lighting the main gate area I had good visibility allowing me to see the suspect quite well. He was approximately two (2) meters away from me when I noticed him. I kept him in sight until he turned left at the street corner at Boom Street. The distance from where I was to this corner is approximately thirty-five, (35) meters.
6
I immediately contacted my armed response company. Whilst waiting for them, I reversed my vehicle into the street and parked parallel to the sidewalk. I kept the engine running and parked in such a way that I could not be blocked in. I still had had a good view of my main gate. No one entered or exited the premises until the armed response company arrived.
7
Upon entering the premises with the armed reaction officer, I found the front door of my house broken open. There was mechanical damage to the lock and the wood was broken near the handle. Without touching anything and not stepping on any exhibits, I entered the house. I noticed that my SAMSUNG Plasma TV was missing. The make and model is unknown to me but I would be able to identify it due to a scratch mark on the left side corner, which I caused. The value of the TV is approximately four thousand rand (R4000).
8
I did not give any person any permission to enter my property and or to take my Samsung TV set. For that reason, I do request that the police investigate this housebreaking and theft of my property.
I know and understand the contents of this statement.
I have no objection in taking the prescribed oath.
I regard the oath as binding on my conscience.
DATED AT ROODEPOORT ON THIS THE …. DAY OF ……2015
_______________________
DEPONENT
JOHN GERALD SMITH
COPYRIGHT RESERVED BY KCVA MANAGEMENT