Part 1 can be found here
I know my appraisal of the inquiry process was useful to many people who will be involved in a windfarm inquiry in the near future. It’s a daunting and potentially demoralising experience as the opposition, – the very well funded legal teams of the developer, have experience in law, court procedure and of techniques to undermine your evidence and belittle you as a lay witness, even if you know what you’re talking about or have local knowledge which is critical to understanding the particular environmental impacts of a development.
There are many people who, without funding, have to do their own research, be their own ‘expert’ as best they can , and be their own advocate.
In the Inquiry, you may have to cross examine the developer’s expert witnesses who will have years of experience and the support of a large commercial organisation and a legal team. So how do you phrase your questions. Understanding how to ask leading questions is crucial in cross examination.
Understanding that the opposition may not ask leading questions of their own witness in ‘evidence in chief’ and re-examination (even though they do) is also important so that you may consider objecting.
So, in addition to understanding the ‘rules’ of the Inquiry or Hearing process in an Appeal (which I attached with my last update) its a good idea to know how the other side will work and how they will attack you and your evidence.
Below are useful websites on the strategy that will be used against you and how you can prepare. It’s not an alternative for law school, but at least it slightly levels the playing field!
There are also many you tube videos on cross examination techniques, how to defend yourself etc. which are worth watching
How to Cross Examine: 14 Steps (with Pictures) – wikiHow
How to Question Witnesses when Representing Yourself (wikihow.com)
How to Become an Expert Witness (with Pictures) – wikiHow
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