Telling lies activates stress – so seeking stress reactions can alert investigators.

That was the message to AILA conference delegates from former Victorian police officer Robert Cockerell, now executive director with KordaMentha Forensic.

He defined deception as any assertion believed or known by a speaker to be untrue and used with the intent to mislead.

As an investigator, the ability to extract information from witnesses and interview suspects was crucial. “If the question is important, the answer must be just as important. Every word a person uses is vital. I no longer interrupt; I listen and analyse, then probe to form the next question.”

Mr Cotterell said people provided verbal and non-verbal clues. A simple one was speaking in the active past tense. To answer a question in another tense usually indicated deception.

For example, if a person responds “I would have”, rather than “I did”, there’s a good chance they’re lying.

Being defensive, for example responding “I’ve done nothing wrong”, rather than saying yes or no to a question. Likewise, saying “I deny that”, rather than “no”.

While people in controlled conversions didn’t necessarily directly lie, they could feign forgetfulness, pretend ignorance, avoid the issue or omit facts. “Listen to the response to ensure the subject has answered the question.”

A lie detector was actually a stress detector. “Ask known truths and see how the person responds,” Mr Cotterell said. Then ask trickier questions and observe the reactions.

 

Negotiations intent

Former Qld Police hostage counter-terrorism negotiator turned barrister Patrick van Grinsven told the conference he uses his prior experience to obtain successful outcomes in alternative dispute resolution.

He said negotiations had a singular intent. If there was no true intent of resolution by both sides, it was bad faith negotiations. “They’re there to tick a box or seek information from the other side.”

Mr van Grinsven’s tips for successful negotiations/ADR were:

• Preparation: Read and understand the brief; identify strength and weaknesses in your own and your opponent’s case; understand instructions and limitations; have a strategic plan.
• Manage perceptions: The human mind will fill the blanks with what it thinks should be there if information is missing; understand the power of empathy; avoid a perceived attitude of indifference; legal processes can be long and difficult, you can acknowledge that without compromising a claim.
• Avoid over-reaching: Starting at a reasonable level makes it easier to settle; don’t be afraid to agree on some facts early.
• Remain flexible: think outside the square; never say never; don’t blindly follow routine.
• Maintain integrity: it’s not a sliding scale – you either have it or you don’t.

• Back to top