UNIT II

LEGAL ASPECTS OF FIRE

 Lesson 3.2 Testimonial
Evidence in Arson
Concept
To corroborate the physical evidence that you
already had on hand, testimonial evidence is always
resorted to. Besides, as an investigator, it is
impossible to observe everything directly. Reports
should be carefully studied and accordingly judged
and interpreted.
 TESTIMONIAL EVIDENCE
Testimony given in court or the deposition by one
who has observed that to which he is testifying ; or
one who, though he has not observed the facts, is
nevertheless qualified to give an opinion relative t
such facts. (Sadili and Pena, 1998)
 EYEWITNESS
An eyewitness to a particular incident can testify in
court regarding any matter he has observed of his
own perception that come to his personal
knowledge. His testimony in court is Testimonial
Evidence.
 EXPERT WITNESS
An expert witness testimony in court is likewise
Testimonial Evidence though he was not present on
matters he will be testifying about, but is qualified to
give an opinion relative to such facts. Example :
Medico-Legal Officer, Ballistician, Expert on
Questioned Documents.
 WHO CAN BE A WITNESS?
Section 20 of the Revised Rule on Evidence provides that
“except as provided in the next succeeding section, all
person who, can perceive, and perceiving and can make
know their perception to others, may be a witness: (Feria,
1989)
“Religious or political belief, interest in the outcome of the
case, or conviction of a crime unless otherwise provided by
law shall not be a ground for dissatisfaction”.
 DUTY TO ATTEND
Community can never enjoy peace and happiness without
a good administration of justice. There can be no good
administration of justice if persons who know the facts in
litigation may refuse to testify. Accordingly, every member
of the community should be bound by a public duty to
attend in court and to disclose all the facts known to him in
litigation. Courts are authorized to require compliance with
that duty by issuing writ call subpeona.
 STARTING FROM A PERSON
WHO TURNED IN THE ALARM
Locate and identify the person who turned in the alarm as
he at least some knowledge of the events. With that he
knows, a start could be made and proceed from there. The
following questions may be propounded as you start in the
investigation: Who reported the fire? How did he discover
it? What means did he report his discovery?
 WATCHMAN
Was there any watchman in the building? What was his
schedule? Was he assigned inside or outside the building?
What were his actions at the time of the fire? When did he
last see the scene before the occurrence of the fire?
 THOSE WHO SUFFERED
INJURIES IN THE FIRE
SHOULD BE INTERVIEWED
It is a tendency for persons who are physically harmed by
the fire to express their indignation and give ideas as to
who was responsible.
 THE OCCUPANTS AND
EMPLOYEES OF THE
BUILDING
Occupants of building subject of fire or occupants of
adjacent buildings, person who works in the vicinity can
also help give lead to other data.
 THE SPECTATORS
Persons who stand by due to curiosity or accident can offer
version different from interested parties or suspects.
 THE BOOKKEEPER OR
ACCOUNTANT
The bookkeeper or accountant may supply facts in
memory of the books of accounts were burned. His
testimony may be checked against others who are in the
same position or have the same opportunity to remember
them. He may also testify on the sale books, bills due or
paid etc. It is sometimes advisable to have the assistance
of an outside accountant.
 THE FIREMAN
Talk to firemen who first arrived and fought the fire. Talk to
those firemen and get what they saw and think. Get ther
reports on the point of origin, travel of fire and intensity.
Note the time they arrived at the fire.
 THE FIRST PERSON
DISCOVERED THE FIRE
Who first discover the fire? When? Did he send the alarm
at once? How? What were his observations? Verify from
him the time of discovery, if the one who turned in the
alarm was not the discoverer, how did he learn about the
fire and from whom?
 THE LAST PERSON IN THE
PREMISES
The last person on the premises may offer valuable facts
which may serve as “leads” to the case.
 THE OWNERS OF BANKS
Facts about deadline in business or assets may be
obtained from banks. The institutes may supply information
about loans and mortgages.
 THE POLICE DEPARTMENT
The record of the suspect may be checked with the police
department and from there may be found anything related to
the crime. The different units of the police department for
identification, fingerprint and crime laboratory are ready and
accessible. You may ask the following questions: is the
property or the person involved has a bad fire history? What
does police record show? Has the suspect been involved in
other criminal activities? Has he been previously arrested? Is
the fire similar to any other fire, so as to show that this is one
and the same person was the criminal agent?