Sunday, August 31, 2014

Pregnant Pause

It has been a week since CFO submitted their response to my final attempt to rescue our chicken appeal.

The Tribunal still has not responded to the arguments submitted by the opposing sides.  What could that pregnant pause mean?

The Tribunal could have had a response within the hour after the closing of the time for submitting responses.  After all, how long does it take to type "Case dismissed!".

However, that summary dismissal has not occurred.  Obviously, the Tribunal needs a little bit more time than an hour to consider what has been submitted.

The CFO's 5 page submission takes about an hour to read a few times.  Not very deep, nor complex.  It wouldn't take more than a day to agree or disagree with CFO's submission, and adopt what they submitted.  At a week delay and counting, it likely isn't CFO's response that is delaying the issuing of the Tribunal's answer.

The Tribunal allowed us a maximum of 10 pages to convince them that the Tribunal has sufficient jurisdiction and powers to hear this appeal. Our 10 pages of legal arguments are designed to try and keep the appeal alive.  Those 10 pages are complex, filled with legal references and footnotes.  It is comprehensive, and has maximum possible density so as to fit everything into those 10 pages, the maximum allowed .  It is a significant task just to read those 10 pages.

In addition, our Submission Brief of 1,085 pages contains the full text of all the Court transcripts referenced and relied upon in our 10 page submission, plus our signed Petitions in support of our appeal.  That would take at least a week just to read.

Could it be the Appellant's arguments that are slowing down the Tribunal's response?

That doesn't necessarily mean that we are going to win this skirmish.  I think there is a 90% chance that our appeal gets dismissed no matter how strong our legal arguments may be.  However, our legal arguments are sufficiently strong and persuasive that it takes a significant effort to cast them aside and make it plausible.  That is why it's taking the Tribunal so long.  The Tribunal wants to appear to be fair and legally correct.

Whatever the true reasons for the pregnant pause, it appears that the Tribunal is reading and considering our arguments.  That's an important first step.  There is a slim chance that the Tribunal will be sufficiently persuaded so as to overcome 50 years of #ChickenMafia dogma, precedence, well-embedded habits, and political favoritism.

That won't be easy for the Tribunal to achieve, but it may be possible. Let us hope and pray together the Tribunal's Panel Members have the personal strength to do what is right.

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