The Role of Private Investigators in Obtaining KGB Statements

By Janie A. Duncan

Private investigators can play an important role in assisting the accused or criminal defence counsel with the preparation and preservation of witness evidence, including the obtaining of statements that may be considered for admission under the principles established in R. v. B. (K.G.).

A KGB Statement is not determined solely by whether it was obtained by police. The focus is on whether the statement was obtained in a manner that satisfies the required legal safeguards designed to ensure reliability and fairness.

Experienced private investigators may assist the accused or defence counsel by properly structured witness interviews, ensuring the circumstances surrounding the statement are carefully documented, and incorporating safeguards such as:

• Confirming the witness understands the importance of providing truthful information.

• Obtaining an oath or solemn affirmation where appropriate.

• Providing appropriate warnings regarding the obligation to tell the truth and the consequences of making a false statement.

• Ensuring the statement process is fully recorded where required.

• Preserving the circumstances surrounding the statement to allow the court to assess reliability.

  
  

Private investigators working with the accused or criminal defence counsel can provide valuable assistance by locating witnesses, preserving evidence, obtaining detailed accounts, identifying inconsistencies, and documenting information that may become important during trial proceedings.

In many cases, witnesses may become unavailable, reluctant, change their testimony, or provide different versions of events as time passes. A properly obtained and preserved statement may assist the court in evaluating the reliability of that evidence.

The role of the private investigator is not to advocate for one version of events, but to uncover and preserve relevant evidence in a professional and objective manner.

Why Professional Experience Matters

Obtaining a statement that may have legal significance requires more than simply asking questions and writing down answers. The investigator must understand the importance of procedure, documentation, witness reliability, and the legal requirements surrounding admissible evidence.

An improperly conducted interview may lose significant value. A carefully structured statement, obtained with attention to reliability and fairness, can provide counsel with an important investigative resource.

At Duncan Investigations Inc., our investigators understand that witness evidence can be one of the most critical components in any investigation. We can assist by conducting professional investigations, locating witnesses, obtaining statements, preserving evidence, and providing objective information and strategy in the event the accused is falsely charged. When your case relies on credibility or one person's word against another, a private investigator is your best defence.