A couple of reflections on yesterday.
I think one of the trickiest parts of a Js job must be trying to remain scrupulously fair during the proceedings.
I think that must be particularly tough in this hearing when NC is wiping the floor with any hint of material that might be loosely called evidence coming from JR camp.
I think the temptation for the J IB such circs is to tip fairness over into compensating for to try and find a sense of balance that represents the idea of fairness. It’s gonna feel very tricky in that room as those who are there have described. Someone described the end of the first day of proceedings with KS as feeling like they were all watching a body bleed out, or something.
In that climate he has given JR a wee bit of rope which she has fully exploited.
Whilst there is room to criticise NC for bringing JR into a question to the witness (‘as JR is so exercised…’) she has been at the end of constant interruptions from JR which were not being well managed by the judge because I think he can’t help but feel professional sympathy for the bumper car level amount of car crashes JR is experiencing.
Whilst NC could reasonably by criticised in that moment JRs reaction was ridiculously dramatic and is further evidence that she is using any opportunity to try and disrupt NC’s flow because she hopes that if NC takes too long to get to her Boom moment it will annoy the judge and work in her favour.
I don’t think it works like that. I think, hope, most judges will be informed by the evidence in relation to the law but not be swayed by such tactics.
I think in hindsight that NC including JR IB that question was actually an excellent tactic. It caused JR to blow up. The judge misunderstood the comment NC had made in a bid to seem fair to JR (and I’m sure because he is exhausted- more in that in a mo) but then astutely recognised he needed time to gather his thoughts.
When they came back it gave NC the opportunity to get the panel back on track. To point out the increasing asymmetry and to remind the j of his decision at the start.
I am not surprised the J is losing the plot a little with all the shenanigans of the respondents re disclosure. Listening to Foran’s last night who was brilliant it was quite noticeable how mentally exhausted he is trying to keep on top of the convoluted narrative and the players. Taking verbatim notes when they are referring to such an amount of documents will make your brain bleed but it is important to aid your own understanding.
The bundle was at 1700 pages and there was an additional bundle added yesterday.
I doubt very much whether the J has ever experienced anything like this before.