So what are Ms. Block’s options? Can she call in sick? No, she can only rely on an age-old legal ploy to extricate her client from the debacle that is called the Judge Douglas Judicial Inquiry.
There are times when proceedings in court or in a similar judicial hearing become untenable, and you believe your client is being prejudiced by the unfolding events. For example, in one case I argued the central theme of the case revolved around off-shore bank accounts. The presiding judge interrupted my argument to suggest that only people who have something to hide would use off-shore bank accounts.
The judge’s jaded view of such accounts led me to believe that she may decide the case based on her ignorance of the world of multi-national corporations and high stakes business dealings. I then made an argument that the judge should remove herself from the case on the basis of the legal maxim called “a reasonable apprehension of bias”. Interestingly, there are hundreds of case where an allegation of bias has been asserted against a sitting judge, most of them unsuccessful, as was mine. Face it, why would a judge admit they were biased?
This is the argument that is being made on behalf of Judge Douglas, however, the allegations of bias flow from the vigorous cross-examination of Judge Douglas’ better-half by Vancouver lawyer George McIntosh, who is counsel for the Inquiry panel.
Ms. Block complains that Mr. McIntosh’s questioning of Jack King is overly aggressive and shows “animus and bias”. From the media descriptions of Mr. McIntosh’s cross-examination it appears that Jack King is easy pickin’s as he tries to convince the panel that Judge Douglas had never seen the photos.
You can only imagine the snickering in the hearing room as Mr. McIntosh toyed with Mr. King, suggesting to him that it strained credulity that the good judge would pose for pictures, but never ask to see them and was unaware they were posted online.
Judge Douglas desperately needs a saviour and apparently believed her husband could play that role convincingly, but it isn’t working. The truth is Mr. King’s testimony is another nail in her coffin. And the panel has not even dealt with the “main event”, namely, why did Judge Douglas deliberately conceal the pornographic photos and the events relating to Alex Chapman, “Dark Cavern” and drinks at Earl’s?
I guess I’d want to get out of there too.