It is not and was never about whether a "reasoned judgment" can be reached without allowing all of the material to be presented. It is about whether the points of accusation, taken in isolation, are enough to warrant a legal case. If you think that is uninteresting, then you may need to think again.
Firstly, I agree with Paul’s point about the responsibility of the film maker to present the opposing side.
How can you say that - the points of accusation, taken in isolation are.....?
Hypothetically then. If I put my case for the prosecution of suspect X, in an historical case, in front of a respected QC that had no previous knowledge of the case but you Fish had an even more plausible case for the defence. Your case includes showing that the suspect was unlikely in the extreme to have been at one of the crime scenes. It includes previously unknown evidence that the suspect had a serious injury at the time that would have made it almost impossible for him to have committed the murders. And you’ve also dug up a witness who swore that he knew who perpetrated one of the murders.
The QC sees my case but not yours and comes to the conclusion that suspect X has a case to answer.
Without any accusation of impropriety and without impugning the QC’s reputation we would have to ask a very simple question - Has that QC come to a sound, we’ll rounded, fully fact based judgment? Of course he might have maintained his opinion even if he’d heard the case for the defence but there has to be a chance that he might have altered his judgment.
Therefore very little weight can be given to a judgment that’s based solely on the points against the suspect.
Comment