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The appellant then said that it was not his intention to do so, and the judge said that she had noted it and was appalled and surprised that any member of the bar would do such a thing. At that point the appellant said -
Prosecuting counsel confirmed that accorded with his recollection, and said that the appellant said on more than one occasion -
Or words to that effect. 14. The judge then indicated to the appellant that what had just been discussed was what had caused her to make the strong remarks to him on the previous Friday, and the appellant said -
He went on to say that he would not deliberately seek to mislead a jury, and if it was done he had not done it intentionally, he did not realise it had occurred, and he apologised unreservedly for it. He the raised the question of whether the defendant could have a fair trial. Other matters were discussed, and the appellant then said -
Pausing there, it is, as it seems to us, important to note that on the Monday, after a weekend considering the position and taking advice, the appellant was able to recall two occasions when something was said by him about putting faith on Mr Mooney and par for par value. The appellant continued -
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Common Room
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