Domestic Inquiry: Chairman Role
The Chairman’s role in a domestic inquiry is to chair the inquiry, and to make a decision of whether the accused is found guilty, together with the panel members, at the end of the inquiry.
The Chairman’s role / statement in chairing the inquiry are as follow:
The Chairman may start the inquiry with the following statement:
"The purpose of today’s inquiry is to allow the accused, in this case, <name>, an opportunity to state your case against the allegation leveled at you."
Thereafter, the Chairman shall proceed to introduce himself, the Panel Members, the Prosecutor (and perhaps, the Secretary).
The Chairman will then ask the accused whether he is accompanied by anyone for this hearing or will he be calling any witness (followed by answer).
The Prosecutor will then also be asked whether he will be calling any witness (followed by answer).
After that, the Chairman will lay out some ground rules for the inquiry, example are as follow:
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There will be no questions which are indecent or scandalous in nature.
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Any question intended to insult or which appear offensive shall not be allowed.
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Only relevant and material statements from witness are allowed.
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Exhibits and other documentary evidence which are relevant will be accepted.
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Only questions which are relevant to the charge are allowed by both parties.
After laid out the ground rules, the Chairman shall read the charge against the accused, as follow:
"The charge against you, <name of the accused>, that you <state the misconduct>. This allegation is very serious in nature and could lead to dismissal from employment. Do you, <name of the accused>, understand the charge and the consequences relating to this incident?" (followed by answer).
The Chairman will then asked the accused whether he plead guilty or otherwise. If the answer is not guilty, the Chairman will allow the Prosecutor to start the inquiry, which the Prosecutor will start by calling the 1st witness, and examine the 1st witness. After the 1st witness has given his statement, the Chairman will ask whether the accused have anything to cross-examine the 1st witness. After the accused cross-examined with the 1st witness, the Chairman will ask whether there is any other question from the Prosecutor or Panel Members. If there is no, the Chairman is to release the 1st witness. The same procedures will be applied on the subsequent witness (if any).
After all witnesses have given their statements, the Chairman shall proceed with the submission from both the accused and the Prosecutor respectively. Both Chairman and Panel Members may ask questions during the submission.
The Chairman will then conclude the hearing and make a decision whether the accused is found guilty together with the Panel Members.
