LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Fair Hearing (Audi Alteram Partem) – Witness Before Investigative Panel Is Not Entitled to Accused-Person Hearing
PRINCIPLE STATEMENT
A witness before an investigative panel whose responsibility for the subject matter was not directly in issue is not entitled to the hearing rights of an accused person; where they were not directly accused or even by implication or insinuation, they are merely witnesses.
RATIO DECIDENDI (SOURCE)
"Appellant was a witness in the Investigating Panel set up by the respondent. His responsibility for the subject matter of the investigation was not directly in issue in the investigation. Appellant was not directly or even by implication, inference or insinuation accused by the Panel."
EXPLANATION / SCOPE
Investigative panels call witnesses to gather information. Witnesses whose conduct isn’t under investigation aren’t entitled to accused-person procedural protections (legal representation, cross-examination of other witnesses, detailed notice of allegations). They’re fact witnesses, not subjects of investigation. However, if a witness becomes implicated during investigation—directly accused or seriously implicated by evidence or insinuation—they must be afforded fair hearing rights before adverse findings are made against them. Courts examine whether the person was genuinely a witness or actually under investigation. This distinction ensures investigative efficiency while protecting those actually accused. The principle recognizes different procedural rights for different roles in investigations