Wednesday, May 10, 2006

evidence / free lunch / playing the fool

first thing in the morning ... an incest / rape trial which was held in camera (meaning : outsiders not allowed in ) ... the accused (the victim's father) had on such an innocent and pitiful look on his face... and finally when all was said and done, he was let off scot free, due to lack of evidence, and the fact that the victim turned around and said her report was false... was there some hidden facts the court could not take into account? only the victim and her family know...
and again i am reminded of how crucial the role evidence plays in everyday life cases, which are won and lost on the proof before the court, regardless of the truth of the situation. perhaps it would be good to adopt the scottish verdict of 'not proven' which is definitely not the same as 'not guilty' or an acquittal. and is, in my opinion, far more reflective of reality.
evidentiary principles seem so dry, and yet mean so much when they are fully fleshed out.

today i had a free lunch, as my super invited me to join in the farewell/birthday lunch for a sessions court judge on transfer to penang. it was quite fun, eating blueberry cake and rice with a variety of dishes and watermelon and honeydew and chatting with the court interpreters as we ate. the lunch was, in all places, Mahkamah Sesyen 3. so we sat in the public gallery with our plates and cups and ate...what a lark! and of course it had to be cleaned up before trials resumed at 230...:)

the court interpreters and court clerk of the court i was attached to let me fool around for a bit...i stood in the accused's dock, and in the witness box and did a mock swearing in...hahaha. i hope none of us ever have to stand in the accused's dock, really. it's quite big, to accomodate at least 6-8 people at one time.
then it was back to work, reading cases and looking up things and discussing matters with my super.

ciao for now. the darned lexis is not working properly...
good night!

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