Tutoring as opposed to putting words in mouths

10 August 2018
| By Outsider |
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On the subject of the Royal Commission, Outsider has some sympathy for Commissioner, Kenneth Hayne, who has had to endure listening to some fairly impenetrable testimony while fielding the objections of counsel representing those summonsed to give evidence.

Outsider knows that a number of former and current bank executives have spent many (probably less than happy) hours poring over a decade of documents and being tutored by solicitors and barristers on how they should conduct themselves when called to give evidence to the Royal Commission.

It was on this basis that Outsider was amused by an exchange between Commissioner Hayne and the QC representing MLC Limited, Neil Young, over whether the former chair of MLC Superannuation trustee company, NULIS, Nicole Smith, should be recalled to continue giving testimony.

Young QC suggested that given Ms Smith was neither the author of nor party to particular documents being examined by the commission she should not be required to return and he had instructed her in that.

Hayne responded: “You will not give her her answer, Mr Young. You will not. Do you understand me?”

Seems it’s like a school exam. You can get all the help you like before you sit it, but you can’t ask your teacher a question in the exam room. 

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