Inquisitorial or Adversarial

An adversarial process is one that supports conflicting one-sided positions held by individuals, groups or entire societies, as inputs into the conflict resolution situation, typically with rewards for prevailing in the outcome. Often in the form of the process assumes a game-like appearance.

An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense.

Below is a list of those who “examined my evidence” during the 3 days I spent giving evidence at the Waterhouse Inquiry. 28th February 1997

  1. Gerard Elias QC,
  2. Mervyn Hughes QC,
  3. Andrew Moran QC,
  4. Anna Pauffley QC,
  5. Timothy King QC,(my QC)
  6. Miss P Scotland QC,
  7. David Knifton(sol)
  8. Barry Searle(sol)
  9. Ben Hinchliffe(sol)
  10. John Lever(sol)
  11. Jodie Swallow(sol)
  12. S Bevan(sol)
  13. A Jennings(sol)
  14. Rhodri Davies(sol)
  15. Billah Singh(sol)

Each and all took their turn. They were all friends, colleagues and partners. Anna Pauffery even brought her new puppy along sometimes. A clique was born here. I bet it still exists. Most of the QC’s are now judges and most of the solicitors are QC’s. See how it works? Still to this day I’m not aware of how Tim King came to represent OCEAN(50 in number). Billah Singh the acting solicitor for OCEAN made a million quid from my foot stomping and witness contacting skills. Decent chap has made living from abuse suffering since the day we met (he actually came up here ambulance chasing). Almost every client he’s had since has been a “victim”. His practice is thriving.

My point is this; How can any inquiry justify the pressures placed upon “survivors” who chose to give evidence to support their claims? I was questioned like a criminal about using Alison Taylor’s (north Wales whistle-blower) printer. It was put to me and argued that I was in an establishment on more than one occasion. Who’d do you think knew best as to my whereabouts? To this day the records that prove me right remain hidden. Wage slips, reports, employment records are all stashed in some vault in some obscure building. I wasn’t just questioned I was attacked. Time and time again. Luckily I’m no shrinking violet and was able to deal with the stresses placed upon me. My rock (wife) was also there throughout which helped. Others have not been so lucky. Many have died since. Most by self harming, drink and/or drugs.

Be careful what you wish for when calling for an Inquiry into the abuses of the past. Because as Waterhouse evidenced all it will do is cause more damage than has already happened.

Have a nice weekend

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About DR Laverty

Just me
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2 Responses to Inquisitorial or Adversarial

  1. Is that it? Although I was half hoping for some other idiot to post before me. As it is I still have no idea of the difference. Or even if it matters.

    • DR Laverty says:

      It matters. I’ll make it simple. Adversarial=attack and attack and win your case.
      Inquisitorial= follow a line of inquiry and discover the root and outcome of such inquiry without conflict or without tearing the witness to bits. Hows that?

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