I
Bernadette Zimmermann Secretary Police Association
Industrial
Told to front for an ICAC or IIS interview? Don’t be bullied S
A police officers choose to belong to the Police Association. There are many good reasons for that – and they know it. Just under 99 per cent of sworn officers are savvy enough to have worked it out. Another issue about which they have to be savvy is the prospect of an ICAC or IIS investigation. When members realize they have full association support in these cases, the relief on their faces or in their voices is a reward in itself. First, members should always contact the association after one of these agencies has contacted them. Whether, during an investigation, you undergo an interview or provide a statement, as either a subject or a witness, you should take the matter very seriously. When members contact the association for its support with their response to a pending ICAC or IIS investigation, I begin by providing a detailed list of pointers. 1. If you who receive phone contact from a person who claims to be from the ICAC or IIS, do not engage in any conversation without first verifying the identity of that person. This cannot be achieved over the phone. Request e-mail verification of the identity of any person who enquires about an incident or a conduct matter. 2. Insist that the investigator confirm whether he or she is directing you to attend an interview or whether it is your choice to attend. 26
Police Journal
As soon as the investigator activates the recording equipment, and before the interview or statement begins, ask him or her to indicate the act under which he or she is interviewing you.
3. If you attend an interview involuntarily and are only providing answers under duress, advise the investigator of that fact – when recording equipment is activated. Indicate that you have been directed to attend and provide information, either in an interview or by providing a statement. 4. Do not be comforted by assurances that you are “only a witness”. These matters can, and do, easily change, depending on the information you provide. 5. As soon as the investigator activates the recording equipment, and before the interview or statement begins, ask him or her to indicate the act under which he or she is interviewing you. 6. Ask the investigator to outline your obligations in respect of answering his or her questions under the particular act. Ask this question whether you are there as the subject of an interview or a witness for a statement. This is important if you are required to provide an affidavit as there is no power to require you to swear or affirm an affidavit. 7. Always record the interview or statement on your own device (not a SAPOL device). This ensures that if any information is taken out of context, and then appears to have a meaning other than the one you intended, it can be raised later and corrected.
8. You should always advise the investigator that you wish to record the interview/conversation. If your request is denied, ensure that fact is recorded on the investigator’s device. 9. If the investigator prevents you, either purposely or inadvertently, from completing any of your answers, advise him or her immediately, or certainly before answering the next question. This will ensure that you do not provide an answer with the potential to mislead or create a misunderstanding. 10. Take all relevant documentation – such as general orders, policies and legislation – with you to the interview/ statement. No interview should morph into a test of your knowledge of the copious information contained in policies, general orders or legislation. And, in any case, the stress of an interview can impact on your ability to recall written information. 11. Ask to refer to your general orders or other documents if an investigator asks you a knowledge question pertaining to such documents. 12. In respect of your involvement in an incident, you might want to access and refer to SAPOL records, such as charge records, investigation diaries, CCTV/BWV, notes or arrest files. If you do want to do that, seek permission of the investigator so as not to breach any policy or act. Continued page 39
