Now that we are getting to the end of testimony I am reflecting on how possible it might be for the panel to reject the argument NC has very successfully built.
The case for and the case against.
If you take the witnesses for BFF at face value:
They were made aware by MC and others that SM speech at LWS was an issue because just appearing at that event is enough to believe she is a right wing fascist who the BFF should be very careful not to associate with and who should definitely not be employed as Inclusion Officer.
MC absolutely believes that unless SM repents, and even if she does repent, she is to be believed to be a right-fascist who is all things fascist. One board member also believes this the others are more circumspect but agree that it looks bad and they are worried.
They don't really know what to do but external experts say they can't really do much without complaints, or an outright refusal to do the job in question, and certainly not without due process.
They set up the process for investigation, albeit in a very clunky fashion but can't follow that process as they'd planned to because SM goes off sick, won't be interviewed and then sets grievance process in play before going to tribunal.
The processes and exchanges with external companies are flawed cos circs are unusual.
No EVIL PLAN and nobody was horrible to SM.
On the evidence:
The chronology as presented in the WSs doesn't add up.
The Bigly Event is not plausible.
Given what the Board members said about keeping MD's dirtied hands off all LGBTQ stuff the email with her cc'd can only be understood as to be inciting a response.
The reponses seem too similar in the circs and in their claims of actual transphobia to be anything other than orchestrated.
The investigation and grievance procedures were heavily manipulated by BFF board and staff so it can't be seen as objective or fair in anyway.
MC's emails clearly set them all in a panic and they know they have to accelerate because MC is more worried about damage to his reputation and his acknowledged status in the TRA camp than he is about the reputation for the BFF in general.
If the concern had actually been reputational damage to the festival itself rather than to MC it would have recognised that they need to do more to stand up for a staff member finding herself in an unexpected place.
As this ET has proved, they have damaged their rep much more by trying to stitch SM up based on MC's concern for his own rep.