V. Occurrence
5.3 Evidence
Article 170 - Testimonial
Testimonial Evidence is a form of evidence obtained from a witness who makes a solemn statement or declaration of fact under oath or affirmation.
The validity and therefore admissibility of Testimonial evidence relevant to an Argument is dependent upon four major qualities being Competency, Integrity, Authenticity, Objectivity, namely:
(i) Competency is that the witness is capable of comprehending questions and capable of answering truthfully without influence; and
(ii) Integrity is the context that the witness has not been offered any financial benefit or that reward has been offered to a witness for their testimony, nor has the witness been threatened or coerced; and
(iii) Authenticity is that the words of the witness are their own and that they have not been coached in any way by any third party on what to say or not to say; and
(iv) Objectivity that the answers are firsthand knowledge of fact and not hearsay.