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Witness Statement

Employment and Discrimination Law

Witness Statement

Postby donarebun » Wed Oct 04, 2017 10:26 pm

Hello everyone,

A witness statement was used against me and I got unfavourable result.

I'll be honest and state that the Witness Statement wasn't the determining evidence.

I believe it played a very little role.

But I wish to challenge it.

I believe that I should be allowed to challenge any evidence that was used against me even if it played a tiny role.

I would greatly appreciate if anyone could point out the relevant principle and/or case law.

Thank you.
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Re: Witness Statement

Postby 3.14 » Wed Oct 04, 2017 11:28 pm

Why didn't you challenge it at the time?
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Re: Witness Statement

Postby atticus » Thu Oct 05, 2017 7:41 am

As 3.14 says, you had your opportunity.

If this evidence was not significant in determining the outcome, then an appeal won't work.
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Re: Witness Statement

Postby shootist » Thu Oct 05, 2017 7:53 am

What is your intention, to win an appeal or to cause trouble for the person making the statement (not necessarily a bad thing)?
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Re: Witness Statement

Postby dls » Thu Oct 05, 2017 11:59 am

Appeals are generally on points of law. The lower court finds the facts -assessing the evidence. Having listened to it and read it and listened to your objections, it decided the facts. An appeal based upon 'the facts' is usually impoper.

Where a court reaches a conclusion on the facts for which there was no evidence. then there is an argument that that mistake was one of law.

What you describe sounds to fall well short.
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