Reply To: ARE ACCUSED EMPLOYEES AUTOMATICALLY ENTITLED TO CROSS EXAMINE THEIR ACCUSERS?

[Patrick Deale]

Yes – they certainly are entitled to cross-examine their accusers. Cross-examination lies at the heart of ensuring fair and due process. It’s first purpose is to test the truth or veracity of allegations made against an accused. It’s second purpose is to test the accuser’s version versus the accused’s version. This happens when the accused “puts his or version” to the accuser’s witnesses. Without this technique of “cross” testing conflicting versions in search of the truth, the adjudicator would be left to choose between two mutually exclusive and untested versions standing starkly alongside each other. This makes it impossible to plausibly assess which of the two untested versions is more or less probable than the other.