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Re: HinduKush post# 278881

Monday, 06/08/2020 1:44:19 PM

Monday, June 08, 2020 1:44:19 PM

Post# of 425938
KiwiHK
Let’s say only witness on murder says the shooter drive sa black car -but CCTV evidence showed clearly it was white- defence counsel fails to mention the cctv in the trial or the white car
The jury (du was the jury ) can not simply fail to be appealed because in her (jury)verdict she finds the accused guilty as the driver of the black car - on the basis that defence counsel fails to point the white car evidence out in the trial
She was the person who decided the amarin trial on the evidence -she should have not relied on evidence she should have recognised as incorrect (as per Mori-as pointed out by RMitra andBhatt)
She has skill as patent judge in such matters and she should have seen through this for herself not relied upon it

It would have been much better if the error was clearly pointed out in the trial through evidence and by Covington - on that basis one could have hoped she would not have adopted the error - and if she did in appeal it can be clearly pointed out that she was directed to this error
-however -The fact it was not does not mean she is as a judge of fact excused from reaching the correct interpretation of the evidence
Alm
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