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Duhaime's LawMag

Jun 6

Written by: Lloyd Duhaime
Wednesday, June 06, 2007 11:59 AM

According to CBC.ca, "The judge in the Conrad Black trial has turned down a request from the defence team of the former media baron to recall key prosecution witness David Radler to the stand.

At one point in the trial, Greenspan pointed out that Radler could get out of a Canadian jail after serving less than six months of his 29-month sentence. Radler said he did not know of the differing parole rules. But Judge Amy St. Eve ruled Wednesday — a day earlier than expected — that the defence could not get Radler back to ask him about that because lawyers could have learned long ago of the Canadian parole lawyer if they had asked. "What you want to do is impeach him on grounds that, frankly, you could have discovered long ago," St. Eve said."

Like, duh!

To recall a witness once they've been excused is rarely allowed. A lawyer is supposed to be ready when trial starts. Since they are not supposed to ask questions to which they do not anticipate the answer, one must wonder if Black's defence team was (1) ready or (2) fishing with Radler in regards to the parole advice evidence.

In any event, it not good tactics to pitch hail-Mary applications to the trial judge, unless she's a rookie or feeding off the media exposure. But Justice St. Eve appears to be the consummate judge.

According to Macleans.ca, "she has already cautioned both sides in the Conrad Black case to stop their backbiting and tone down the "over the top" pleadings."

Conrad Black or Edward Greenspan are small potatoes to her; she's a veteran of Ken Starr's Whitewater investigation re Bill Clinton circa 1994-96.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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