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The Only Four Truths You Will Ever Need To Know
The title of this Article sounds like a conundrum does it not? I think so.
I am assuming that it is common knowledge that the standard of proof in a civil matter is different from that in a criminal matter. In a civil matter, the standard of proof is based on a “balance of probabilities” whilst in a criminal matter, it is based on proof “beyond a reasonable doubt”.
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In the present Article, my focus is only on civil proceedings. I believe that there are four versions of the “truth” in a civil matter. These are the four “truths”:
1. The Plaintiff/Applicant’s version of the “truth” (“Plaintiff’s truth”)
2. The Defendant/Respondent’s version of the “truth” (“Defendant’s truth”)
3. The Judge’s findings of fact (“Judge’s truth”)
4. The TRUTH.
USUALLY, A CIVIL MATTER IS A BATTLE BETWEEN:
the “Plaintiff’s truth” vs. the “Defendant’s truth”. The Judge or Trier of fact (“Judge”) has to determine who to believe between these two competing camps.
As noted above, the Judge has to determine on a “balance of probabilities”, whose “truth” is more believable.
Just to be clear, the Judge’s decision is based on his/her findings of fact between these competing “truths”. I am just going to call out the “elephant in the room” and respectfully submit as follows: the Judge’s decision may or may not be based on the TRUTH. In my opinion, we may or may not know the TRUTH.
In my humble opinion, I have seen cases decided “wrongly”. Does it mean our justice system does not work? Absolutely Not!
It just means our justice system is not perfect. Not surprising, you cannot expect perfection from imperfect beings.
I am going to leave all of you with a quote I saw recently: “Most people don’t really want the Truth. They just want constant reassurance that what they believe is the Truth”.
P.S.: If you get value from this Article, please feel free to send me an e-mail at: olu@ogunniyilawoffices.com. I like feedback!
By Olubunmi Ogunniyi, LL.B. (Hons),B.L., LL, M Barrister & Solicitor
E-mail: olu@ogunniyilawoffices.com
