During the Disciplinary Hearing

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Sequence of the Events

The following is a detailed list of activities that the chairperson can use as guideline to ensure sequence of events is correctly followed. Please note: from time to time some procedures will deviate to some extent, depending on circumstances. Failure to execute this sequence exactly will not necessarily mean that the procedure was wrong of unfair.

The following is a detailed list of all events. A summary could also be compiled as help:

Greetings, noting of date, time and place by an objective chairperson.

Chairperson introduces parties and persons present.

Chairperson reads or explains the hearing procedures and sequence of activities and rights.

Chairperson advises the meeting that the witnesses will stay outside (except the alleged offender) and will be called in one at a time.

Chairperson confirms that the notice complies with the requirements.

Chairperson satisfies himself of the rights of the representative to be present.

Chairperson ensures that alleged offender:

• • is satisfied to continue without a representative (if not present)
  • is satisfied with current representation
  • has any justified objection against any person present?
  • had adequate time to prepare
  • had adequate opportunity to arrange witnesses
  • does or does not need an interpreter

Chairperson informs alleged offender:

• • That when presenting his/her case, he/she will testify before the other defence witnesses.
  • That if he/she does not agree with any statement made, it should be stated in the cross examination of the witness.

Complainant reads the complaint and hands a copy to the Chairperson and confirms that the complaint has been submitted to the alleged offender in time.

Chairperson puts questions to initiator to clear any ambiguity about the charges, if any, and will ask the accused to enter a plea.

Alleged offender/representative responds or reads the reply indicating the nature of the plea (guilty or not).

Chairperson puts questions to the defence (accused or representative) to clarify any ambiguity.

Complainant makes an opening statement.

Accused/representative presents an opening statement.

Complainant calls and presents the first witness.

Accused/representative cross-examine the witness or put questions to the witness.

Chairperson puts clarifying questions, if any, to the witness.

Complainant calls the next witnesses, one by one, following the same sequence as with the first witness until the initiator closes his case.

The alleged offender presents his/her statement.

The Complainant cross-questions the alleged offender.

The accused/representative calls and presents the second witness for the defence.

The complainant cross-questions the witness.

Chairperson puts clarifying questions, if any, to the witness.

The procedure is repeated until the defence closes the case for the defence.

Adjournment (if appropriate/required).

Initiator presents closing arguments.

The accused/representative presents a closing argument.

Adjournment (compulsory).

Chairperson presents a summary of the hearing/facts and submits/presents a finding of guilty/not guilty.

Chairperson presents a decision (verdict), together with the reasons for it.

Complainant presents or argues aggravating, if any, circumstances.

Defence presents or argues mitigating circumstance.

Adjournment.

Chairperson issues the penalty and written copy is handed to the accused.