The Court of Appeal was of the view that the prevalence of such behaviour at the employer's workplace did not make it tolerable, rather it showed the extend of the supervisor's dereliction of duty: «A supervisor who permits such
an atmosphere as the trial judge describes to develop, and then participates in the exchanges as much as anyone else is a supervisor who is not performing his duties».
[a] t the beginning of the instruction phase, instead of starting immediately to read the jury instructions, the
judge spends a few words on extra-textual references and tries to create a more familiar and relaxed
atmosphere... given that it is the first day of the actual
trial and for some of them it may be the first time they serve
as jurors.