Misinformation can affect an
investigation at any stage of its proceedings often before it has been
established that any crime has been committed at all. In my case this was very
obviously a significant influencing factor before the cause of fire had even been
ascertained and will be referred to in my section on 'expert witnesses'.
Misleading information has a
seriously detrimental effect on any investigation and primarily comes from
witness accounts though the reasons for this can be varied. In all fairness to
the police force we have to recognise that if, particularly at the beginning of
their involvement they are told things which have no basis in fact, the route
their enquiries take will be inevitably led down a one way street the wrong
way. Having said that, they have a responsibility to corroborate any such
information before acting on the assumption that everything that has been
divulged is the gospel truth and all other avenues should continue to be looked
into with an equally open mind. Sadly often this is not the case and
'confirmation bias' takes effect. In psychology and cognitive science, confirmation
bias is a tendency to search for or interpret new information in a way that
confirms one's preconceptions and to avoid information and interpretations
which contradict prior beliefs. Anyone
wishing to explore how dramatic an effect this can have will find a wealth of
documentation on the internet which demonstrates clearly how the most
professional of people can be influenced adversely under these conditions. Wikipedia
provides a more detailed explanation of this type of affect and corroborates it
with an extensive list of
miscarriages of
justice worldwide caused by it including the evidence of forensic experts
once you have read these two pages I'm sure you will be persuaded.Witnesses
can provide false accounts due to a
range of motives, simply because they are mistaken or since they themselves
have been mislead prior to giving statements.
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Malicious intent is one conclusion that is
easy for me to come to since the misdirection provided in my case could have no
other plausible purpose. In this instance the reliability of the witness and
the details obtained should be scrutinised thoroughly to assess the reliability
before proceeding with that line of enquiry. To that end any information provided
as to the character of the witness must be carefully noted, certainly their own
actions and behaviour has to be taken into account. Sadly 'evidence' of this
nature is all too often seen as a lead rather than a potential red herring.
Reasons for providing false evidence in this manner are hard to isolate but the
main two are that either the source is deliberately trying to incriminate
someone spitefully or that they are trying to distract attention from
themselves with the former being the most obvious in my particular case though
I believe the latter is more common.
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Malicious intent can
also be the cause of other witnesses being mislead either directly or
indirectly prior to questioning. For example, if someone was to make a
suggestive and defamatory remark about the prospective accused in the presence
of other witnesses it would influence their perspective on the overall
situation and hence off balance the answers they are likely to provide
themselves. Beyond that those witnesses in turn will following the drama
discuss their own now tainted accounts with people they know who if later
questioned will have an even more influenced point of view. In this instance
the derogatory comments of one person appears afterwards to have been
corroborated by the opinions of others. Having said that, a witness being
mislead before being interviewed does not necessarily mean that it was caused
by the malicious intent of others. It could simply be that they have
misunderstood something they have heard or seen previously which has had an
effect on their perspective or that prior unrelated gossip has caused them to
hold an opinion that they wouldn't otherwise have.
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Then of course there is
the more innocent explanation, the witness has simply been mistaken. Some
people can wake in the morning and at night be able to clearly recollect
anything they are asked about what happened that day with amazing accuracy.
Others wouldn't be able to recall what colour socks they put on 30 minutes
after doing so and would only know if they looked. Some would be able to
describe which sock they put on first but have no idea what colour a car was if
it narrowly missed them.
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So with the initial stages of an investigation now heavily directed by
flawed and misappropriate accounts, those responsible for leading the resulting
enquiries will due to confirmation bias seek to prove what they now believe to
be the case using 'expert witnesses', interviewing more potential witnesses and
possibly re-interviewing previous witnesses who's information does not concur
with the now intended conclusion. This is where the most startling misleading
takes place, by the police themselves! Expert witnesses no matter what field
they are in will require some degree of information surrounding an incident in
order to concentrate their scientific efforts more effectively or to make a
subjective assessment of what possibilities their own results yield. However
the input they will receive is now heavily weighted by the outcome the
investigating officers are expecting to hear and details which could be vital
(as was the case with me) will either be hidden from them or simply never
divulged which can only ever sway the opinion of the expert towards that of
expected result.
New witnesses will be asked questions that could enhance the case but facts
that would prove the opposite will be avoided and if spoken of are often not
noted. Despite many important remarks being made by witnesses in the
investigation that lead to my arrest, when they found out I had been charged
the gravity of what was known not to have been noted was then evident.
Significant details overlooked and never noted. The most appalling of which
became clear during my trial. Whilst on remand I had been puzzled by my
daughter's statement, it was jumbled and didn't really make much sense which
was strange because she is such a bright and gifted girl. Yet her statement was
largely opposite of what happened. Her testimony when questioned via video link
by the prosecution was largely muddled and I'll never forget the comment she made
when asked why something she said was different to what she was asked to confirm
- "There was a lot I was supposed to say, I must have forgot
that bit" . When questioned by my Q.C. Jack Davidson her answers were instantly
clearer and more precise, it was obvious to all how certain she was as she
confirmed everything I had said from day one. With the prosecution in a bad
position they now had to suggest her testimony was wrong and her statement was
the real version but despite several attempts which I felt were quite forceful
for a 6 year old to endure she remained fixed. I have always been proud of her
but never more so than now, not after everyone saw her response to the
prosecutions final effort by Jock Thomson-"Why didn't you say these things to
the police lady?" Her answer was sure, resolute and unquestionably sincere, she
put both hands firmly and abruptly down onto the table in front of her, looked
straight at the camera with how dare you expression and firmly announced, "I did
tell her, I did say those things!" Something the media seem to have
neglected to note.
Never forget that misleading is not only achieved by stating things that
are wrong, it also results from not noting that which is true as my case
clearly shows.