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Thursday, October 14, 2021 10:07:15 AM
“The D.C. was unmoved by Epadi theory of fraud on the court as evidenced by dismissal of Epadi application for iintervention.” By stating such the defendants in effect assert that the DC undertook an assessment of the merits of the Rule 60 motion. On the contrary the record of the DC decision gives no hint whatsoever that any judicial assessment of the Rule 60 motion took place at all. Such makes the DC decision incomprehensible in terms of its implications.
Any party prepared to perpetrate a fraud on the court could retain complete confidence that their fraud would escape judicial examination,censor and rectification,simply on the basis that the merits of an assertion of fraud will never be examined in circumstances where they can rely on lack of standing to prevent any such examination taking place.
On the contrary the court should be greatly concerned and indeed determined to act to protect itself from the wrongdoing of those prepared to manipulate and alter evidence to achieve their purpose thus perpetrating a fraud on the court
Alm
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