cymarak
Go Gators !
When you've got a unquantifiable threshold of 'comfortable satisfaction' required for a guilty verdict, deciding whether that threshold has been reached is necessarily subjective - at the end of the day each tribunal member is going to have to decide for themselves whether they think the threshold has been reached or not.Firstly, chip has said that whilst admissible, anything not corroborated will be given zero weight. That could be most, if not all of it.
Can the tribunal panel members really completely disregard evidence they've seen just because they say it is supposed to be given 'zero weight' ? Can they really shut it 100% out of their minds and have it not affect their subjective decision one bit ?
For me, it's a little like when someone has a conflict of interest in a decision, but says 'oh, I won't let the conflict of interest affect my decision-making, I'll just pretend the conflict of interest doesn't exist' - can they really simply shut it out like that, or is it still going to affect their judgement in some (possibly small, possibly not small) way ?
Put another way, if evidence is to be given zero weight, why even present that evidence to the tribunal in the first place ? Why allow that evidence to be presented in the first place ?