The role of the investigator in the prosecution process

Abstract

The process of investigation, which begins when a crime is reported and ends after a suspect has been convicted or discharged by a court of law, is a mammoth task which requires cooperation between various stakeholders, such as investigators and prosecutors. The purpose of this study was to determine the role of the specialized commercial crime investigators in the prosecution process. The study evaluated and explored the status of the current roles played by these investigators with the intention of recommending changes that could improve investigator practice. Two research questions were posed. First, the researcher endeavoured to find answers to a question regarding what the prosecution process entails. Secondly, the researcher sought to establish the roles of the specialised commercial crime investigator in the prosecution process. It was envisaged that the answers to these questions could be obtained from specialised commercial crime investigators and prosecutors deployed in the commercial crimes courts. On this basis two samples were chosen, with nine investigators from the Gauteng North office of the Specialised Commercial Crimes Unit and four prosecutors from the Specialised Commercial Crimes Court in Gauteng North. Some of the findings were that the investigators in trying to fulfil their roles of investigations have an adverse impact on the investigation and successful prosecution of offenders, which in turn lead to recidivism and apathy among the communities being served by the police and the justice system in general. The image of the police, particularly that of the commercial crime investigators, is often negated and the justice system is portrayed as a failure in addressing the problem of crime. The conclusions drawn from the data were that the roles of investigators in the prosecution process are mandatory as they are legislated rather that persuasive and that investigators cannot rely on prosecutors to handle all aspects of investigation once a case has been handed over to the prosecution. Apart from a lack of knowledge about these roles, it was established that some investigators deliberately ignore their roles in this relationship. It is proposed that dedicated training should be afforded to investigators and prosecutors above their existing training, with a focus on how to take part in the prosecution process. Investigators should be informed that their responsibilities in the prosecution process are a result of legislation and that failure to satisfy the legislation will carry adverse consequences for the investigation itself, the prosecution and the other stakeholders.