The Canberra Times has a piece on trouble in the Supreme Court where Justice Richard Refshauge has had to deny he was taking a nap during the hearing of evidence during a complex trial:
- “Nevertheless, doing the best I can, I have come to the conclusion that when [the applicant] alleges that I was asleep, he has been mistaken. The fairness of the trial has not been compromised by me, the trial judge, being asleep”
Speaking for myself I know that when nodding off I’m a poor judge of what I might have missed.
On the other hand a new judge might still be learning the importance of appearing attentive even during the most tedious proceedings?