Here is finally some justice for the former Liberal PM Mr Chretien and Mr Pelletier.
Mr. Chrétien and Mr. Pelletier went to Federal Court for a review of Mr. Gomery's findings, even though Mr. Gomery ruled they had no knowledge of illegal activity or direct responsibility in cash payments to Liberal organizers.
Justice Teitelbaum offered a scathing assessment of Mr. Gomery's conduct as the head of a public inquiry.
He said Mr. Gomery could not be expected to abide by the same rules of conduct that apply to a judge in a courtroom. But even applying a more relaxed standard, he said, Mr. Gomery failed in his essential duty to ensure that a reasonable person would find the proceedings to be fair and impartial.
“The nature of the comments made to the media are such that no reasonable person looking realistically and practically at the issue, and thinking the matter through, could possibly conclude that the commissioner would decide the issues fairly,” Justice Teitelbaum said.
He blasted Mr. Gomery's apparent obsession with the media.
“The media is not an appropriate forum in which a decision-maker is to become engaged while presiding over a commission of inquiry, a trial, or any other type of hearing or proceeding,” Justice Teitelbaum said.
“Comments revealing impressions and conclusions related to the proceedings should not be made extraneous to the proceedings either prior, concurrently or even after the proceedings have concluded.”
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Mr. Chrétien and Mr. Pelletier went to Federal Court for a review of Mr. Gomery's findings, even though Mr. Gomery ruled they had no knowledge of illegal activity or direct responsibility in cash payments to Liberal organizers.
Justice Teitelbaum offered a scathing assessment of Mr. Gomery's conduct as the head of a public inquiry.
He said Mr. Gomery could not be expected to abide by the same rules of conduct that apply to a judge in a courtroom. But even applying a more relaxed standard, he said, Mr. Gomery failed in his essential duty to ensure that a reasonable person would find the proceedings to be fair and impartial.
“The nature of the comments made to the media are such that no reasonable person looking realistically and practically at the issue, and thinking the matter through, could possibly conclude that the commissioner would decide the issues fairly,” Justice Teitelbaum said.
He blasted Mr. Gomery's apparent obsession with the media.
“The media is not an appropriate forum in which a decision-maker is to become engaged while presiding over a commission of inquiry, a trial, or any other type of hearing or proceeding,” Justice Teitelbaum said.
“Comments revealing impressions and conclusions related to the proceedings should not be made extraneous to the proceedings either prior, concurrently or even after the proceedings have concluded.”
http://www.theglobeandmail.com/servlet/story/RTGAM.20080626.wgomery0626/BNStory/National/home