it’s standard practice in proceedings under the Family Law Act to use pseudonyms
Oh interesting. I saw that they had referred to a lot of elements in this text by obvious pseudonyms, like “suburb B”, but then saw that both the applicant and respondent were given real-looking names. So I had assumed that they were real.
Still, in that case, “the groom could not be reached for comment” would be appropriate.
the compounding effect of unchallenged evidence from multiple other witnesses
That’s the thing though. The judge in this case said the finder of fact (in this case, himself, in the Pell case, that would be the jury) can decide for themselves whether to accept evidence, even if unchallenged, based on their own opinion of whether it was likely based on all the evidence presented.
In Pell, the jury decided, beyond all reasonable doubt, that Pell’s testimony must have been wrong. Not an unreasonable conclusion, given how bad memories are over that long period of time, and given the strong incentive Pell would have had to either lie or conveniently misremember. But the high court decided that the convention of the triers of fact not being able to be overturned on their factual findings was irrelevant.
Oh interesting. I saw that they had referred to a lot of elements in this text by obvious pseudonyms, like “suburb B”, but then saw that both the applicant and respondent were given real-looking names. So I had assumed that they were real.
Still, in that case, “the groom could not be reached for comment” would be appropriate.
That’s the thing though. The judge in this case said the finder of fact (in this case, himself, in the Pell case, that would be the jury) can decide for themselves whether to accept evidence, even if unchallenged, based on their own opinion of whether it was likely based on all the evidence presented.
In Pell, the jury decided, beyond all reasonable doubt, that Pell’s testimony must have been wrong. Not an unreasonable conclusion, given how bad memories are over that long period of time, and given the strong incentive Pell would have had to either lie or conveniently misremember. But the high court decided that the convention of the triers of fact not being able to be overturned on their factual findings was irrelevant.