The Tribunal has asked for the VE decision to be taken by the case examiners by Friday pm.
If erasure is determined, then it seems the misconduct evidence will not be heard.
We have, as a courtesy, deleted some tweets today on personal matters that were considered in public session on 9 March. The following tweets sign off the reports from that day's session.
TLDR: Dr Michael Webberley applied for voluntary erasure from the GMC register. The Tribunal say it is "unfortunate" that was not determined prior to the hearing today.
MW had two requests for postponement declined & recently provided new evidence for an adjournment. >>
We now know MW's erasure application was rejected. The tribunal reconvenes to decide on the adjournment request, case management & timing of witnesses.
@StoatlyL Deleted tweets in this thread reported information heard in open session at the Tribunal and were deleted this week as a courtesy at the request of @MPTS_Hearing.
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Last part -
BN - is 7b is engaged then 7b should be engaged, in the way it was framed - it was said it was engaged.
BN - [addressing whether the in app communication - hard to prove - as whole thing shut down long ago - (goes to ability to prove what went on)
BN addressing HR commision
- GI doesnt include thoughts & feelings
- chief justice for SA -when you have multiple purposes - you look at text and context on cases
BN - engage with conduct - 'her gender characteristics are why she is being treated like a man'
But RT gender characteristics isn't made out - not made on what's pleaded to. The gender evidence is not enough to locate the discrimination in the case - as put
Part 4 -(Correction on MM, the name was actually Elodie Nadon, apologies)
Counsel coming in.
BN - parties rely on conditions of court (lists paragraphs)
BN - speaks of the content of a treaty obligation what it depends on - reads the interpretative principles -
- given weight - footnote says taken as a whole - the int law,... BN says court only takes on recommendations
...but can't be elevated to ignoring the intent of the instrument/treaty.
BN - footnote 7 refers to (gives a court event /occasion/judgement) para 66 - proposition which footnote supports - the point these general commentaries used in a broader context & application to indi facts
Part 3
BN - Have to engage with case as pleaded.
Honor made remarks - there is a division tween direct and indirect discrimination (dis')
Only one way to pursue this case is it has to be direct - indirect in discrimination -
J says planning direct and indirect discrimination..
J reiterates PLAINLY dir and indir discrimination.
J asking if only handling direct - not a way to procede
BN and arguing -BN arguing about a comparative class -
J says should address both,
BN says will do so - but makes the point - that the case has changed - as imprudent
BN - what is relevant is the facts
Court requires to define GI which Tickles lawyers haven't done. Bn going to Gender identity def.
J - the adopted the commissioner's definition
BN - objects Tickles's lawyers (RT'sL)
BN - reads out the GI def
Part 2 -
Ms Mcdonn (MM)
MM - reading sections relating to justifying (SG been charged 200K aggravated damages)
Puts to J that should refer to that section due to the extent of hurt as purpose of SDA - to protect -
- sustained misgendering for 3 years
J - queries...
J - read Caplan relates to actual conduct
mm - continued misgendering
J - when is the first act relied upon - the more conduct is removed from initial acts - more it weakens the argument
-MM - [repeats misgendering]
-J bulk of case about tweets and so on
..
MM - 18/3/21 - received the conduct ? (discussing)
J - cant be the case everything done after the act - is (relevant)
MM - says the continuing campaign continuing to misgendering aggravates the initial incidence - the point she was excluded from the app -perpetuating hurt
AHRC - Australian Human Rights Commission
ZH - Zelie Heger (counsel)
AC - Anna Cody - Sex Discrimination Commissioner
Further abbreviations:
LAAW - Lived as a women
TW - Transgender Women
App - Giggles for Girls App
Correction - Day 3 is to commence at 9.30 am, all counsel has arrived. The court is again full.
Last Part -
ZH - [looking at sections of documents to define terms - special measures and equality, how CEDAW relates to this...
- is court acting with reasonableness and the capacity of the measure; how it was executed
4 issues of sections or questions 1. what does women mean - if TW is excluded and is a women - thats relevant 2. does the app fit into the description of discriminating
How does the app fit into the categories regardless of sexual orientation, pregnancy etc no distinctions
...of the app how does sexual orientation measured - lesbians (clarify later) 3. Can the app discriminate on GI - ZH says AHRC says it can - and the app can't discriminate on any of the conditions as mentioned before
ZH - is mapping sections of SDA to sections Cedaw