THE WITNESS STATEMENT “IS IN LARGE PART UNRELIABLE AND ALSO LACKS CREDIBILITY”: THE ENDURING PROBLEM OF “RETROSPECTIVE RECONSTRUCTION”

We have looked many times at the problems caused by witness statements, including when a witness "tries" to remember matters they really cannot, or reconstructs what they feel did happen (or should have happened). This is a feature of all litigation.  However it often gives rise to major issues in c...