Print Page | Close Window

:-) Being Investigated

Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=18205
Printed Date: 15/November/2018 at 23:14


Topic: :-) Being Investigated
Posted By: sidneyparker
Subject: :-) Being Investigated
Date Posted: 19/December/2012 at 20:57
Hi there

I have a civil matter I am defending and received a stat dec filed by my opponent.

The stat dec is, ostensibly, by a licensed investigator from another state - and contains some "unusually-sourced" statements from 3rd parties - presented of course as fact in favour of the opponent in the matter.

I want to understand just who did the PI work and check they really are licensed (and any filed complaints etc).

My question is, how can I identify who a licensed investigator really IS, based on a (stated but possible alias) name on an affadiavt/stat dec. I suspect an alias used in their PI work - is this normal/legal?

Any help most appreciated.

Kind regards and thanks all,

Sidneyparker

PS - Shouldn't a PI have to declare a licence number on a stat dec and so on, otherwise what's the point of a system of accountability...



Replies:
Posted By: BD Eye
Date Posted: 19/December/2012 at 21:46
If it is a licensed Private Investigator they will use their real name. There is no cloak and dagger stuff.

Whether they use their PI Licence number is really a matter of personal choice. I do because it is an identifying particular, but at the end of the day it doesn't add substance to the facts contained in an affidavit, stat dec or the like.

It is unusual that a PI would choose to use a Stat Dec, unless that was the clients instructions.

-------------
BD Eye


Posted By: sidneyparker
Date Posted: 19/December/2012 at 22:36
This is such a good forum.

Thanks heaps BD Eye.

Yep, you got it - it was a stat dec demanded by her client, a law firm, for an IP matter.   She was employed to do some secret shopping and so on.

I will enquire with the relevant police department and check her bona fides.

I hear what you say about practical substance; and at the same time I reckon the use of a licence number - as you do- is a good move. It shows professionalism and, frankly, some class.

Kind regards

SP


Posted By: BD Eye
Date Posted: 19/December/2012 at 22:43
if you PM the PI name and state I will let you know - I have some database access

-------------
BD Eye


Posted By: sidneyparker
Date Posted: 23/December/2012 at 10:21
Thanks BD for your PM, much appreciated. :-)

Bit of an update...

Turns out the PI in the matter operates simultaneously under at least 2 (distinct) surnames with the same first name.

She used different names at different phases of her enquiries against me.

Does anyone know, is it legal for a PI to mix names up like this in the course of an investigation?

Thanks again,

Sidney Parker


Posted By: MartinO
Date Posted: 23/December/2012 at 11:33
I suspect you are coming at this from the wrong end. All well and good shooting the messenger but what is the message? Any truth to it? What can you do to stop or deal with whatever is being claimed?

-------------
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.


Posted By: BD Eye
Date Posted: 23/December/2012 at 11:54
Yes I think you are looking at it from the wrong angle.. Tackle the issues

-------------
BD Eye


Posted By: sidneyparker
Date Posted: 23/December/2012 at 12:16
Hi MartinO

Good question.

The stat dec supports my case. So in that sense I don't feel a need to shoot the messenger even though it is (i presume) broadly in my favour to establish bad conduct.

Eg despite their best efforts and bad faith, the opponent was unable to...

- In the industry concerned, this firm's client, and the firm, have a public reputation for bullying. So I have an additional motivation around fairness.

SP


Posted By: sidneyparker
Date Posted: 23/December/2012 at 12:19
Thanks BD for your thoughts
Cheers
SP


Posted By: BD Eye
Date Posted: 23/December/2012 at 12:31
It will be very rare that a PI will engage in any wrongdoing with the amount of regulation over the industry. What you described above sounds like general pre-texting which is not illegal and is used by investigators, private and public, the world over.

If there is a reputation for bullying, then attack these issues, but in a manner that is relevant to the individual issues of your matter, don't be looking to broadly, you will only loose focus of what is really relevant.

I am a firm believer in standing up to bully boy tactics, and will gladly support anyone who does so.

-------------
BD Eye


Posted By: sidneyparker
Date Posted: 23/December/2012 at 12:34
Great advice,
Thanks BD
SP



Print Page | Close Window