Where a witness's "understanding of English" is not “objectively good”

Recent Western Australian case where a NESB witness is cleared by the magistrate with a statement which we as forensic linguists and legal interpreters consider so obvious that we still get surprised that not all courts consider it.

And after a two-day hearing, magistrate Peter Malone [said] the prosecution had not proved at any point Mr Alamdar had witnessed the actual fight - so in turn had not proved he lied to the CCC about what he knew.

Mr Malone also said Mr Alamdar’s understanding of English was not “objectively good”.

“Extreme caution is necessary before one could rely on a literal understanding of what the accused may have stated,” Mr Malone said.

“There are multiple questions within questions and it gives rise to doubts as to what the accused is saying in answering.”


http://au.news.yahoo.com/thewest/a/-/breaking/15552748/bikie-witness-misunderstood-questions/