Investigative tribunal

Question 1

96. Rules 77, 83-95 don’t apply

Answer 1

Rules 77 (media), 83-95 (prosecutor duties) do not apply to B in investigative tribunal

Question 2

97. Fairly assist tribunal in arriving at truth

Answer 2

A barrister who appears as counsel assisting an investigative/inquisitorial tribunal must fairly assist the tribunal to arrive at the truth and must seek to assist the tribunal with adequate submissions of law and fact.

Question 3

98. Must not inflame or bias tribunal against any person

Answer 3

A barrister who appears as counsel assisting an investigative/inquisitorial tribunal must not, by language or other conduct, seek to inflame or bias the tribunal against any person appearing before the tribunal.

Question 4

99. No proposition of law or fact which do not bel can be est. BOP

Answer 4

A barrister who appears as counsel assisting an investigative/inquisitorial tribunal must not argue any proposition of fact or law which the barrister does not believe on reasonable grounds to be capable of contributing to a finding on the balance of probabilities.

Question 5

100. Must not publish material except limited info and exception

Answer 5

A barrister who appears as counsel assisting an investigative tribunal must not publish or take
any step towards the publication of any material concerning any current proceeding in which the barrister is appearing or any potential proceeding in which a barrister is likely to appear, other than:

(a) a barrister may supply answers to unsolicited questions concerning a current proceeding provided that the answers are limited to information as to the identity of any witness already called, the nature of the issues in the proceeding, the nature of any orders, findings, recommendations or decisions made including any reasons given by the investigative tribunal, or

(b) a barrister may, where it is not contrary to legislation, in response to unsolicited questions supply for publication:

(i) copies of affidavits or witness statements, which have been read, tendered or verified in proceedings open to the public, clearly marked so as to show any parts which have not been read, tendered or verified or which have been disallowed on objection,

(ii) copies of transcript of evidence given in proceedings open to the public, if permitted by copyright and clearly marked so as to show any corrections agreed by the witness or directed by the investigative tribunal, or

(iii) copies of exhibits admitted in proceedings open to the public and without restriction on
access.