.4 These should be recorded in a formal manner
acceptable for use in subsequent court proceedings. Witness accounts
will form the basis of any prosecution case and untrained personnel
should not be used for this important task.
.5 Witness accounts should be recorded at the
earliest opportunity, as memories fade and accounts may be influenced
by contact with other witnesses and media reports.
.6 If witnesses speak languages different from
that of the investigators, as will happen frequently in piracy and
armed robbery cases, their accounts should be recorded in their own
languages and with the aid of properly qualified interpreters when
this can be done within a reasonable timescale. Investigators should
be aware that an account signed by a witness, or indeed a suspect,
in a language foreign to that person may be valueless in court proceedings.
It is important, therefore, to establish the legal requirements for
the validity of evidence in each case.
.7 Experience has proved that witnesses in piracy
and armed robbery cases, particularly those who have been subjected
to violence, are likely to be exceptionally distressed. Their experience
will have been all the worse if they have been held captive for a
long period and/or been in fear of death, and the situation will be
exacerbated still further if they are far from home. Investigators
should bear these factors in mind and deal with the witnesses sympathetically
and patiently if they are to elicit all relevant facts.
.8 Witnesses should be interviewed separately
from each other, when this can be done within a reasonable timescale,
in order to protect the integrity of the individual accounts of the
incident.
.9 Investigators should focus on obtaining specific
descriptions of the individuals involved in the piracy incident, particularly
noting any distinguishing characteristics of the “leader”.
.10 If more than one offender is involved, investigators
should attempt to obtain specific information from the witnesses about
the actions of each individual offender, rather than be satisfied
with general statements about what “the hijackers” or
“the pirates” did on the ship.