¹ú²úAV

Nature of misconduct charges: Although technically not criminal charges, a misconduct charge may carry overtones of criminal proceedings, where rights attendant to a fair trial attach. Equality of arms: equality of arms may be seen to be an indivisible element of a fair trial, requiring that a fair balance exist between parties involved in litigation. The principle warrants the assurance that each party to a dispute be able to prepare and present his or her case fully and adequately before the court.Outcome: The Tribunal found that the conditions of access proposed by the Respondent would result in a fair outcome which balances the interests of justice, and the Applicant was granted access to the documents he sought, subject to these conditions. The parties had agreed during the course of proceedings that the Applicant would be granted access to the material in a secure setting. However, the Respondent argued that, due to the strictly confidential nature of the material access was being granted to, the Applicant and his Counsel should not be allowed to take any notes made from the review of this material out from the secure room in which the materials was reviewed. The parties agreed that the Tribunal should determine and rule on this issue.