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Brass
Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1146 |
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Topic: Start Line Collision Posted: 02 May 14 at 1:32am |
One needs to be careful here, just as one needs to be careful with the 'well he would say that' approach. Just because a witness gives a clear, concise and fluent account, does not mean that he or she has been 'coached' or 'schooled'. It may be that the facts were clearly visible and the witness has the gift of concise and fluent expression. The Judges Manual s K12 says
We should also remember that there is absolutely nothing wrong with a boat's representative reviewing the evidence with one of her witnesses. Even if we get the notion that a witness has been 'schooled' we have to be very careful with how we deal with that testimony. We certainly can't reject it out of hand. We have to weigh the testimony, schooled or not and decide on its worth. But, I have to say, in my experience, some of the most successful representatives, in protest hearings mumble and pause a lot, look at their feet, and generally come across as not too smart, but miraculously, when the protest committee comes to put their decision together, it's all there, logical and complete, going the way of the mumbler <g>.
Edited by Brass - 02 May 14 at 1:37am |
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Stevie_GTI
Posting king Joined: 21 Oct 08 Online Status: Offline Posts: 134 |
Post Options Quote Reply Posted: 01 Jun 14 at 9:57am |
Remembering incidents on the water seems to be hard for some sailors. Having just done a squad camp week which involved a race series in which there were incidents and protests we found that accounts of the incidents can be rather different.
Protests were heard, without witnesses (to aid the speed of the process as it was training), the jury made their decision on the evidence heard and once the decision had been made the incidents were reviewed on video. It was surprising how different and incident can sound from two sailors accounts to how it looks on video. |
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Brass
Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1146 |
Post Options Quote Reply Posted: 01 Jun 14 at 10:32am |
This might be interesting. Did the incident as videoed:
What else did you learn from that process? |
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