Moriarty was right to judge

[Pinaferris]

The problem as I see it is that the tribunal system is flawed in this country as it lacks judicial recognition in that no legal penalty, civil,criminal or otherwise, can be applied. We either recognise it for what it is, an eminent opinion, or abandon the process in favour of civil or criminal proceedings which entails all the evidence criteria such as paper trails and 'smoking guns' ect. we are debating. Personally speaking I do not favour the latter because it sends us further on the slippery slope to American-style litigation and I do believe that Tribunals and Commissions of Enquiry are essential in a democratic and open society because they do bring information into the public domain that needs to be examined and debated. The direct financial cost of this needs to be examined with a view to streamlining the process, however I do feel that many of the findings will bring about real laws that will eventually prevent those under suspicion from hiding in the grey area.

[farnaby]

The problem as I see it is that the tribunal system is flawed in this country as it lacks judicial recognition in that no legal penalty, civil,criminal or otherwise, can be applied. We either recognise it for what it is, an eminent opinion, or abandon the process in favour of civil or criminal proceedings which entails all the evidence criteria such as paper trails and 'smoking guns' ect. we are debating. Personally speaking I do not favour the latter because it sends us further on the slippery slope to American-style litigation and I do believe that Tribunals and Commissions of Enquiry are essential in a democratic and open society because they do bring information into the public domain that needs to be examined and debated. The direct financial cost of this needs to be examined with a view to streamlining the process, however I do feel that many of the findings will bring about real laws that will eventually prevent those under suspicion from hiding in the grey area.

Good post. The last few years have shown we do not have an open society, we do not have the diverse distribution of power nor the political will needed to act against unethical nepotistic dodgy dealings; nor the will of the general public to oppose it. Hopefully Alan Shatter's announcements on white-collar crime law today will tangibly tackle the issue but I feel a lot more change, societal change, is required.