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Cooper said:
It depends on the details of the ban. The basic prohibition is on previewing evidence before a trial, the theory being it might cause potential jurors to form opinions based on stuff that wasn't presented at trial. Other aspects of process might be reportable, but that depends on how aggressive the ban is (I've seen a few that went beyond reporting evidence) and whether or not the judge decides that reporting on procedural matters is somehow prejudicial to the accused. For journos, it's a judgment call.
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The subpoenas are public which is why we knew he was taking the stand this week. Him clinging to the last tendrils of life before shuffling off a weeping earth is not evidence.
 
animatronic said:
The subpoenas are public which is why we knew he was taking the stand this week. Him clinging to the last tendrils of life before shuffling off a weeping earth is not evidence.
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so apparently ford's doctors have actually signed off to say that he shouldn't give testimony. so ford's team are asking for a delay through september. how much latitude would a judge have to overrule the doctors? the most obvious answer to me would be that if he's well enough to travel internationally, campaign, and sit in council, he's clearly well enough to sit on the witness stand.

apparently, though, lisi's lawyers don't want the delay.

what's the play, here? do lisi's team really want ford on the stand, or not?
 
Cooper said:
It depends on the details of the ban. The basic prohibition is on previewing evidence before a trial, the theory being it might cause potential jurors to form opinions based on stuff that wasn't presented at trial. Other aspects of process might be reportable, but that depends on how aggressive the ban is (I've seen a few that went beyond reporting evidence) and whether or not the judge decides that reporting on procedural matters is somehow prejudicial to the accused. For journos, it's a judgment call.
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Thanks Coop! That makes sense. I suppose Frod's timing wouldn't affect a future jury. Hah! Wouldn't it be funny if one of us got jury duty if the trial goes ahead? I have never been called but have always wanted to.
 
expat said:
so apparently ford's doctors have actually signed off to say that he shouldn't give testimony. so ford's team are asking for a delay through september. how much latitude would a judge have to overrule the doctors? the most obvious answer to me would be that if he's well enough to travel internationally, campaign, and sit in council, he's clearly well enough to sit on the witness stand.

apparently, though, lisi's lawyers don't want the delay.

what's the play, here? do lisi's team really want ford on the stand, or not?
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Perhaps to show it wasn't Lisi that was being all extortionist...that it was actually FORD who was. And then maybe we can see him say things to give the TPS a reason to then charge him with all this crap instead.
 
expat said:
so apparently ford's doctors have actually signed off to say that he shouldn't give testimony. so ford's team are asking for a delay through september. how much latitude would a judge have to overrule the doctors? the most obvious answer to me would be that if he's well enough to travel internationally, campaign, and sit in council, he's clearly well enough to sit on the witness stand.

apparently, though, lisi's lawyers don't want the delay.

what's the play, here? do lisi's team really want ford on the stand, or not?
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I think they should offer him the opportunity to testify via video feed. You know, to keep cancer boy safe from all the germs.
 
Give me a freaking break. If he's well enough to work at city hall, he is well enough to cross the bloody street and testify at old city hall.
 
animatronic said:
The subpoenas are public which is why we knew he was taking the stand this week. Him clinging to the last tendrils of life before shuffling off a weeping earth is not evidence.
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Sometimes bans extend beyond reporting evidence. I have experience with this one. Thankfully, the judge was the forgiving type.
 
expat said:
so apparently ford's doctors have actually signed off to say that he shouldn't give testimony. so ford's team are asking for a delay through september. how much latitude would a judge have to overrule the doctors? the most obvious answer to me would be that if he's well enough to travel internationally, campaign, and sit in council, he's clearly well enough to sit on the witness stand.
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That's the issue, isn't it. If Rob's doctors are writing letters to a judge saying he's not well enough to testify, they're probably also telling Rob to stay home and take it easy. Unfortunately, they can't make Rob not do stuff on his own. But they can get a judge to cooperate with their professional opinion. I think Rob is going to skate on this one. Sickening.


expat said:
apparently, though, lisi's lawyers don't want the delay. what's the play, here? do lisi's team really want ford on the stand, or not?
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My guess, for what it's worth: Ford muddies the waters re who did what to whom, making it harder to pin the extorition charge on Lisi. Nothing gets resolved, but the defence can attack on reasonable doubt. The flaw in my thinking is that why wouldn't Rob testify if it helped his friend? Maybe he's just afraid to look bad.

Paging whatthe — you're a legal strategy guy. What say you?
 
If he is too sick to testify now, what happens if they delay the trial and Rob doesn't make it through his surgery or something like that?
 
animatronic said:
Can the crown request an independent review of his health?

Maybe he has a case of carcinogenic cowardice.
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It's the Crown that wants to give him the pass, from what I've read.

Also, another thought: Goldsbie was tweeting this afternoon about letters going before the court and whether they could/would be released, and whether the contents could be published. I imagine those are the letters from the doctors. If they do become public, we may finally get some reliable details about Rob's condition/prognosis. I'm not counting on it, though. My gut tells me a judge would generally err on the side of protecting medical privacy.
 
Cooper said:
My guess, for what it's worth: Ford muddies the waters re who did what to whom, making it harder to pin the extorition charge on Lisi. Nothing gets resolved, but the defence can attack on reasonable doubt. The flaw in my thinking is that why wouldn't Rob testify if it helped his friend? Maybe he's just afraid to look bad.

Paging whatthe — you're a legal strategy guy. What say you?
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You may very well be correct on all counts! If the previous conflict of interest case is any indication, he'll be an awful witness who can be ripped to shreds on cross examination by any competent defence lawyer, so I'm sure his lawyers are frothing at the mouth thinking of the reasonable doubt they could create with him!
 
Videodrome said:
If he is too sick to testify now, what happens if they delay the trial and Rob doesn't make it through his surgery or something like that?
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If he gave a statement to the police (last I heard he hadn't, but perhaps that's changed) that could be admitted as evidence instead.

Assuming that he didn't give a statement to police, the crown's case obviously doesn't need him (otherwise Lisi wouldn't have been charged) so they could just proceed to trial in any event. It would just suck for the rest of us.
 
whatthe said:
If he gave a statement to the police (last I heard he hadn't, but perhaps that's changed) that could be admitted as evidence instead.

Assuming that he didn't give a statement to police, the crown's case obviously doesn't need him (otherwise Lisi wouldn't have been charged) so they could just proceed to trial in any event. It would just suck for the rest of us.
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Is that Rob's play - hope to get dropped from the witness last?
 
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