Judges accept or reject a witness's testimony by asking
themselves 2 questions. Is the witness credible (i.e. is the
witness telling the truth as the witness recalls it)? If the
witness is credible, is the testimony reliable (i.e. is the witness
able to make an accurate observation or recall or describe the
events properly)?
Judges often review factors that would indicate that a
witness' testimony may be unreliable or untruthful. For
example, they may note that the witness' evidence conflicts
with another document, contradicts what the witness previously
said, or demonstrates favouritism or bias. They may then say:
"when this witness' testimony differs from other
testimony, the other testimony is preferred." Judges usually
refrain from commenting on credibility directly.
