The claimant alleged that he was entitled by an oral agreement to a share of a Russian company known as «Rusal», that English law and jurisdiction had been orally agreed, and that it would not be possible to bring his claim in Russia since he would face assassination, arrest on trumped - up charges and the lack
of a fair trial.
This ground of appeal was rejected by the EAT which held that it would only succeed if the conclusion of the tribunal was perverse and «once intimidation of this kind is found to have occurred, it will be a very exceptional case indeed where it can not be said that a finding
of a fair trial is perverse».
Assessing the demeanour of a witness, a critical feature of our adversarial system, is impossible, if protective measures for witnesses, are too onerous: «The right to confront an adverse witness is basic to any civilised notion
of a fair trial.»
The CCC «pointed to the deficits concerning the guarantees
of the fair trial in the procedure in [the Landtová Case]».
[199] In Dagenais, Lamer C.J. struck down the common law rule governing publication bans which emphasize the right
of a fair trial over the free expression interests of those affected by the ban, saying that the balance that rule struck was inconsistent with the principles of the Charter, in particular the equal status given to section 2 (b) and 11 (d) of the Charter.
Finally, the European Court should be willing to conduct dialogues with individual domestic courts about the appropriate way forward — as has begun to happen and can be seen in the decisions of the European Court in relation to UK legislation on hearsay when ultimately — and at the second go — it allowed UK domestic legislation to be reflected in its judgement while retaining its principle
of a fair trial.
Leaving aside a truly groundbreaking finding — also constitutional courts enjoy the guarantees
of a fair trial!
After all, is not the opportunity for there to be equality of arms an essential ingredient
of any fair trial?
In such a scenario, there would be good reason to argue that concealing that witness's identity would not deprive a defendant
of a fair trial.
The wry judicial litotes balanced against the desperation of the layman facing the same dense statutory provisions might lead the independent bystander to doubt the chances
of a fair trial.
Witnesses may forget details as time passes, hurting the prospects
of a fair trial.
The trial judge's denial of a severance or a mistrial deprived Al - Enzi
of a fair trial, both in appearance and in reality.
In every case, the accused's placement must permit him to make full answer and defence, but the issue is to be assessed on a case - by - case basis, having regard to the interests
of a fair trial and courtroom security in the particular circumstances of the case.
Judge Moir, they said, had regard to the need «that a usual component
of a fair trial was for the person against whom allegations had been made to have the opportunity to put questions to or to cross-examine»; and to deny that was a very serious step.
The aim
of a fair trial must be to determine the rights of all involved.
The only target of a DCP sentence is the previously convicted terrorist — someone for whom a death penalty has already been determined appropriate by a court of law at the conclusion
of a fair trial and the expiry of all appeals.
To succeed at this third step, the appellant must establish either that there is a) a reasonable probability that the verdict would have been different had he received effective legal representation [FN2], or b) that his counsel's conduct deprived
him of a fair trial.
While the Human Rights Committee has not determined that «extraordinary» tribunals or «special» courts are incompatible with the requirement that tribunals be established by law, it has taken the position that the provision is intended to ensure that any court, be it «extraordinary» or not, should genuinely afford the accused the full guarantees
of fair trial set out in Article 14 of the International Covenant on Civil and Political Rights.
Applying the law, the Court held that the cumulative effect of these interventions was held to undermine the appearance
of a fair trial.
The C.A. allowed the appeal and directed a new trial on the basis the judge's intervention undermined the appearance
of a fair trial.
As a matter of basic principle, it is important for the maintenance
of a fair trial, both for the prosecution as well as the defence, if material evidence is made available for forensic analysis.
Without high - quality legal defense, you stand virtually no chance
of a fair trial.
One touchstone
of a fair trial is an impartial trier of fact a jury capable and willing to decide the case solely on the evidence before it.
The cumulative effect of this judicial examination undermined the appearance
of a fair trial, and for that reason I would allow the appeal and direct a new trial.
Judge Seated Juror Who Declared Defendant Guilty Before Trial Jose Felipe Velasco insists Orange County Judge David A. Hoffer cheated him out
of a fair trial by placing a juror on the supposedly neutral citizen's panel after she repeatedly declared the defendant guilty before hearing any evidence.
Until the police and CPS take their responsibilities in dealing with disclosure in volume cases more seriously, no improvement will result and the likelihood
of a fair trial can be jeopardised.»
Yet, this is not a case about free speech writ large, nor about the guaranty
of a fair trial, nor about any cognizable constitutional right of public access to the courts.
«Examined in the context of the whole trial, and taken together with the improper cross-examination of the appellant, the Crown's conduct was sufficiently prejudicial that it deprived the appellant
of a fair trial,» he said.
«Let us see what happens in terms of the review, but I very firmly believe that the values we have in this country
of a fair trial, you should know what you're accused of, you shouldn't be locked up or put under house arrest.
In order to guarantee both the appearance and the substance
of a fair trial in our neighbors» moments of greatest need,
Essentially, the appeals court agreed with him, ruling in part that the lack of decorum in the courtroom had deprived McLain
of a fair trial and overturning the conviction.
«That Sudan continues to prosecute these men, and without even allowing them free access to their legal team, makes a mockery of the judicial process and is a clear violation
of fair trial principles, as articulated in Article 7 of the African Charter on Human and Peoples Rights (ACHPR) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Sudan is a party.
As the BAD RAP experts and American Society for the Prevention of Cruelty to Animals (ASPCA) behaviorists tested the dogs over three days and nights, proponents
of fair trials and temperament testing for dogs all around the country held their breath.
Not exact matches
Lawyers for the shareholders called the settlement «
fair, reasonable, and adequate,» citing the risk
of a loss at
trial, according to court papers.
But ethically, it's not so clear: if someone does something illegal, the legal system has a million bits
of due process that ensure that the investigation and
trial are
fair, and that the punishment fits the crime.
Instead, he works out
of a bullet - proof van, and defends the people no other lawyers want to represent: satanic - cult drug addicts, child molesters, you name it — all because he believes everyone deserves a
fair trial, even if that means cheating the system to ensure his clients get one.
In 2009 the B.C. Court
of Appeal reaffirmed the
trial judge's assessment that, essentially, that all's
fair in non-mergers and acquisitions.
Manafort, who faces two federal indictments, seeks a hearing about the source
of leaked information that he said interferes with his right to a
fair trial in Alexandria, Virginia, where Special Counsel Robert Mueller signed an indictment accusing him
of bank and tax fraud.
The law met with the provisional cause opposition from several American organizations, who perceived too late don't a
fair trial and the contents
of the act as a «virus» for the Fourth Repair.
Those are definitely
fair arguments that could play a huge role if oliceridine doesn't clearly differentiate itself from morphine in both
of these
trials — and underscore why investors may want to keep any position on the small side for the time being.
«We urge the African Union and the wider international community, to challenge Sudan on its treatment
of the pastors and its failure to protect and promote freedom
of religion or belief and the right to a
fair trial.»
For a person who should have been bought to the international court
of justice to get a
fair trial for his crime against humanity, for him to die
of a headshot wound seems a bit dubious.
As we continue our study in the Gospel
of Luke, we are going to see that even Mary and Joseph had their
fair share
of trials and tribulations.
Would you trust a US national to get a
fair trial in half
of the nations in this world?
In this culture / country we have a set
of principles that empowers duly authorized agents to apprehend, present the alleged perpetrator for
fair and speedy
trial, with representation and a verdict rendered by a jury
of peers.
But we have the right and the responsibilty to protect ourselves and each other for s - i - ns against man r - a-p-e and pe - do - ph - il - ia are s - i - ns against man and we should jud - ge them and pun - ish the cri - mi - nals after a
fair trial with real eviden - ce none
of the vi - gi - lan - ty stuff.
Look beyond the headlines and you'll learn Troy Davis was the killer there was plenty
of physical evidence and he had many a
fair trial.
With 1,500
of them out there converting two Chin - amen apiece per annum against an uphill birth rate
of 33,000 pagans per day, it will take upward
of a million years to make the conversions balance the output and bring the Christianizing
of the country in sight to the naked eye; therefore, if we can offer our missionaries as rich a field at home at lighter expense and quite satisfactory in the matter
of danger, why shouldn't they find it
fair and right to come back and give us a
trial?
Among them are life, liberty, security
of person, freedom from slavery and from torture and inhumane treatment; equality before the law; the right to judicial remedies for wrongs; freedom from arbitrary arrest and detention;
fair trials and due process
of law, including the presumption
of innocence; privacy; freedom
of movement; equal rights in marriage; freedoms
of speech, press, assembly and association; and free elections.
«The production team went to great lengths to ensure «Abortion on
Trial» was
fair and impartial, using expert consultants (both anti-abortion and pro-choice), including contributors representing a wide range
of perspectives and experiences.»