The tribunals and courts have the very difficult job of trying to sort out who is telling the truth and who is not. This is made extraordinarily hard for them by legal teams and their clients obstructing justice by fraud, by perverting and attempting to pervert the course of justice, by abusing the court’s processes, by misleading and deceptive conduct, and the like.
This is made especially difficult where witnesses declare themselves to be honest people of integrity and honour and then prolifically lie under oath, presenting their lies as absolute truth.
How much more difficult for the tribunal and courts where a legal team concocts documents that contain fraudulent claims and denials and present them as truth and fact.
Then there are some barristers, the mouth-pieces of their clients, who then stand as officers of the court, with the duty to not only be honest and not mislead or deceive, and with the duty to reveal if any mistakes have been made, but who deliberately and repeatedly make absolutely fraudulent misrepresentations and negligent misstatements and expect them to be unequivocally believed.
The judgments and decisions that are handed down can thereby be unknowingly unjust and can destroy an innocent party’s life.
Then there is the “snowball” effect where one entity (say, a tribunal) has been led astray by the aforementioned conduct and, as a result, an unjust decision can be handed down. Then the case could move to court where the first decision can be taken into account and the judge can be swayed by the first decision and the on-going fraudulent conduct of the legal team and any further false testimony, and could thereby hand down a judgment that unknowingly adds to the injustice. Then the case could move to appeal and the tribunal’s decision and the first judge’s judgment could be taken into account along with further fraudulence from the legal team and their clients, and so on. It is very difficult to overturn a decision because the “snowball” effect gives weight to the unwitting injustice.
How can justice be handed down when some legal teams and their clients trick and sway those whose job it is to dispense justice?
Judgments set precedents, so the unwitting injustice handed down then goes on to affect those following in similar types of cases.
I will have some examples in the separate sections.