Factual Enquiries is the term given to the gathering of written evidence, and the recording of oral evidence. This for the determination of facts, things that may be proven and determined by either a judge alone, or a judge and jury. A fact, if accepted, determines that something did or did not occur, or that something did or did not exist or that something is accepted as being a truth or falsehood, for the purpose of that court action.
Remember that we work within a legal framework. Do not confuse a legal system with justice. Never rely on the simple fact that your innocent, or in the right, to provide you with the protection you need, or the civil remedy you deserve.
Do not believe that just because someone is charged by
a law enforcement representative that they are guilty. Charges are
laid for a variety of reasons including pressure from the public,
pressure from supervisors, to improve clear up rates, department
policy, the shotgun approach, poor police work and faulty
investigations.
We are here to take that police brief or
investigation, dissect it, find the witnesses and exculpatory evidence
the police would prefer wasn't presented in court and locate the
grounds for reasonable doubt.
We also look to mitigate the damage done by people's
actions, done in the heat of the moment, with thing such as negotiated
outcomes and diversion to other arena's, rather than criminal hearings.
We are here to listen to you, and work towards your goals.
For business we can conduct enquiries to examine the
validity of claims made by employee's or members of the public, seeking
compensation. We have specialists in construction and WH&S
compliance. We are aware of the tricks, and the wild claims, made
against business by supposedly incapacitated claimants during civil
action. Remember, they only have to reach the 'on the balance of
probability' standard - far lower than a criminal court. The time to
prepare is as soon as you are advised of the claim. The time to act is NOW.
For the private person there are insurance matters, including injury matters and compensation claims,
where, if we are involved early we can gather the evidence before it's
lost. A specialist area within this is traffic accidents. We
provide video recording of scene evidence (disk), statement taking of
witnesses (especially where it has been 'overlooked' by police)
including the witnesses ignored by police, photographs, road drawings,
measurements, general preservation and support. The time to do this is
straight after the accident. Insurance companies and solicitors may
not get around to this for four or five years. In the mean time roads change,
signage changes, tree's grow or are removed, people 'disappear',
memories fade and a chance for 'justice' is lost. ACT NOW.
Factual enquiries relate strongly to all injury
accidents, be they traffic incidents or workplace related. The civil
action for these and fatal accidents often rely on the further
investigation of an incident, by private investigators. The police in
many cases provide only a cursory investigation (especially true of injury accidents where they take limited action). Often it is only the gathering of a few versions, from some
witnesses, and a few photographs (maybe).
Even for more serious
incidents the police investigation may fail due to lack of experience
or thoroughness of investigation. A Civil Remedy may be sought by the
aggrieved family, where criminal action fails. This is also a time
when the private investigator becomes involved. The police also do not
focus on 'placing' a person in
society or countering claims about the deceaseds 'virtues'. Outlandish claims are sometimes
made in a civil action, we can be used to attempt to counter them.
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