Absenting
Absenting
The Grounds (para 6(vi)) further criticise the Tribunal for both wrongly concluding that the appellant had “decided to absent herself” for placing weight on that conclusion. First, the Tribunal was correct to conclude that there was no good or sufficient reason provided by the appellant for her absence from the first two days of the hearing. Second, the Tribunal did not place weight on her absence. It said in terms in its Reasons (9/64) that “The panel will draw no adverse inference from Mrs Tsolo’s absence in its findings of fact.” This criticism is misconceived.
- Heading
- THE HON. MR JUSTICE DEXTER DIAS
- Mr Justice Dexter Dias
- Introduction
- Procedural history
- Findings of fact
- Appeal test
- Issues
- Issue 1: Appeal adjournment
- Issue 2: Adjournment at first instance
- Judicial notice
- Absenting
- Fresh evidence
- Conclusion
- Issue 3: Challenging findings of fact, misconduct & impairment
- Issue 4: Sanction
- Issue 5: Interim Suspension Order
- Conclusions
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