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Old 8th Feb 2010, 17:36
  #260 (permalink)  
SLFinAZ
 
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properly formulated evidence

This is exactly what I fear will happen. The "inquisitional" panel of judges will in it's "wisdom" limit its consideration to what it perceives as the above. Disregarding your semantics in previous posts the prosecutor has determined (in his view) who the culpable parties are. If the court follows this line of reasoning then it's left crippled IMO. Since you present yourself as someone more knowledgeable answer this question. Can the court dismiss a portion of the criminal indictment at its discretion and directly charge or instruct the prosecutor to charge another party it views as at fault? My guess is that the answer is a resounding NO.

A judicial process can and will hear properly formulated evidence from any concerned party This is a non starter and entirely false in any jurisdiction. A "concerned party" may not have standing and the evidence that party may wish to present may or may not be deemed as appropriate. I would go so far as to argue that the complete absence of both the airport authority and AF from the charge sheet is specifically designed to prevent any serious inquiry into their potential culpability.
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