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Re: Operation Puerto
« Reply #30 on: January 29, 2013, 11:07 »
Cheers for the summary.

I find it quite bizarre that a court would not seek to ask those whose health had been endangered, even if they would rather stay quiet about it.

Government pressure......

It was always demonstrated to us that you make a legal decision and then you create the reasons for it later. Add to that the rather narrow character of the Roman law and you get these kinds of issues. It's an inflexilbility which people living in countries under common law systems such as Britain and Australia may find frustrating, as do I having seen plenty of both sides.  :D

The judge must try the respondents on the charges, which means that she narrows down the facts to the evidence and that evidence originates from a very short space of time in 2006. Unfortunately, you cannot bring years of doping history into this case.

A strict reading of 'endangering the public health' equally suggests that you should not concern yourself with the identities of people who are not directly involved, either as respondents or witnesses. Yes, it's their blood but they are not named in this case and they would be damaged by it, which you avoid unless it is absolutely necessary, unless it goes to the root of guilt. In this way, the notion of "public health" is as deliberately anonymous as it is general.

These are all matters of jurisprudence and Judge Santamaria's comportment on Day One suggests she may treat the evidence a little more liberally than Serrano did. Trials are associated with finality but it is rare that they satisfy everyone. As a former lawyer, I understand these matters and why they are being applied in this way, but as a fan the outcomes will probably disappoint and frustrate me.
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  • « Last Edit: January 29, 2013, 13:29 by L'arriviste »
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