Member conduct
16 May 2008

Ethical standards clinic

I have received a letter from the subject member in which he demands to question the investigating officer about their report, as he considers that it is totally inaccurate. What should I do?

The investigating officer’s role is to obtain evidence in order to establish facts and provide their view as to whether they consider there is a breach of the code. If a subject member wishes to challenge the facts, they can do so by way of providing their own evidence either, documentary or by way of witness evidence, and would have the opportunity to cross-examine other witnesses as to their recollection of events.

If the subject member challenges the view of the investigating officer that there is a breach of the code, this will be dealt with by way of representations and submissions to the Committee. An investigating officer could be called to give evidence however if there are disputes of fact as to the details of a telephone conversation held by that officer and the subject member, although this is likely to be rare.