Cautionary tale

This week’s article is inspired by an incident which happened last week.

It is both a cautionary tale and an example of how minor actions can subvert our criminal justice system. While out shopping, my wife was hailed by a taxi driver.

She told him her destination, agreed on a price, and hopped into the back passenger seat next to a gentleman sharing the same taxi. Both taxi driver and passenger were middle-aged and well-dressed.

The cheery taxi driver greeted her “Good afternoon” and my wife replied “I hope not!” knowing that it was still a late morning. The taxi driver then requested the actual time as the clock on his dashboard appeared to be faulty.

My wife unzipped her shoulder bag, took out her phone and gave him the correct time. She then slipped the phone back into her bag but before she had a chance to zip it up the driver stopped the car at a junction, asked her destination again and then said she should alight as he was going a different way.

She reached for the door handle, somewhat confused and surprised by this turn of events. The door wouldn’t open. The driver leant over from the front seat to press the lock up and down. The passenger reached across her and pushed and pulled the door handle.

The door opened, she stumbled out and the taxi drove off. She went to hail another taxi and suddenly realised her phone was missing. It must have been snatched by the passenger when he reached over to help open the door.

So, readers, beware when getting into a taxi and hold tight to your valuables! In a state of shock and panic, she made her way to the nearest police station.

The policemen were very sympathetic to her situation and told her she had been prey to a common trick used by thieves to steal phones and money.

She knew that she needed to cancel her SIM cards quickly before the thieves attempted to steal further from her mobile money account but she wanted to give details to the police just in case they were able to apprehend the thieves.

She knew her phone was lost forever. Therefore, she gave a statement which one of the policemen wrote down. Once the statement was complete the policeman summarised it aloud to her but didn’t read it verbatim. She was then asked to sign and thumbprint the statement.

Rudiments

Now, although my wife isn’t a lawyer, she has spent enough time living with me to know and understand the rudiments of law. In her shocked and vulnerable state, it didn’t occur to her that she hadn’t read through the statement herself before signing it.

In this situation, her being the victim and not an accused person, it seems highly unlikely that the policeman wrote down anything other than what she told him.

However, it demonstrates how, when confronted by a disturbing event, even the most knowledgeable persons can be led to sign something they haven’t read through themselves.

This leads us to question how an accused person, truly or falsely accused, might react when arrested by police and required to make a statement.
I must stress that I make no accusations against the police, but we are all guilty of making assumptions and harbouring unconscious bias.

If my wife, a mature, educated woman with knowledge of the operation of the criminal justice system can allow herself to sign a statement that she hadn’t read herself, how then are we surprised when an uneducated, accused person signs and thumbprints a statement which he/she later claims is incorrect?

Role

Police questioning plays a crucial role in unravelling crime, and thus, an important cog in the detection of crime, not least for gathering evidence and identifying suspects.

At the same time, the interrogation room can also be a high-pressure environment where the balance of power is decidedly skewed in favour of the police.

It is, therefore, absolutely necessary for there to be safeguards for the accused person during this process, as in most instances, it is the single process that can determine the outcome of any future trial.

My wife’s benign experience has reinforced my conviction that the assistance of counsel during police questioning is vitally important.

Also, the need for voice/video recording of interrogations is compelling given that statements are eventually relied upon at trial and can decide whether a guilty or innocent verdict is delivered.

The writer is a lawyer.