Brad Hudson wrote:Chap wrote:
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If however Philips is accurate in his accounts of long discussions with the judge over the time he was seeking to persuade her to issue the summons, during which (according to him, If I recall correctly) she led him through several of the defenses that Monson might offer and asked him to comment, it might be a bit odd if she just said 'there's no case' on coming into court.
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Why would it be a bit odd? At the time she authorized the summons, the judge hadn't been presented with any argument on behalf of Monson. Or do judges in the UK never change their minds?
We don't disagree: Please check the wording of my post.
There might be substantive to and fro argument between the two sides once the hearing begins, with one claiming that there was no case and the other claiming that there was. After that, the judge will decide, and it may be that she could be persuaded that there was no case. But under the circumstances, it seems extremely unlikely that a 'no case to answer' ruling by the judge could happen right at the start of the hearing after a simple application on behalf of the defendant.
Let's wait till Friday and see, though.