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groups rather than by the whole court

attempting to draft round the table. Revelations

of such informal discussion, and of suggestions

made, could be very damaging and seriously

threaten the whole deliberation process.”

After concluding that this breach of confidentially had been

correctly dealt with by the President of the tribunal, Sir Robert said:

“My only concern, as the Appointing Authority,

is

what

is

the

effect

of

the

terms

of

Judge

Brom’s ‘concurring and dissenting Opinion’ on

the question of his impartiality and his

independence. A Judge may be strictly and

correctly impartial and independent though

massively indiscreet and forgetful of the

rules.”31

On this issue, Sir Robert said:

“This Opinion of the Judge suggests a man who

not only has very strong views but who also

31

Decision at p.7.

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