[50] I readily accept that the record shows that the judge was on occasion impatient and abrupt. But it is even clearer that he was closely attentive to the questions put by counsel and determined to ensure that he clearly understood the purpose. To this end, the judge asked questions in clarification on frequent occasions. Many of the illustrations relied on by counsel arise from such occasions. A quotation from counsel's heads of argument will serve as an example of the pettiness and the irrelevance of many such complaints. 'The eighth quotation revolves around the following: the second appellant's defence was that he was standing under a tree alongside the road and the car in which the witness who he believes arrested him was travelling, almost ran him over. The following exchange in regard to this occurs: Court the tree in the gravel road? â€“ Is Yes. Counsel â€“ Court In the centre of the gravel road or where? Or next to the gravel road. â€“ Counsel is alongside the gravel road, yes. He was standing under the tree. â€“ It Court I understand that but I am asking you is your instructions that the tree is in the â€“ gravel road? Viiib Given the previous answer by counsel to the court's question, with respect this â€“ surely amounts to pure harassment. lxa The ninth quotation counsel: Would you agree that there was a gravel road â€“ â€“ running past the house? lxb Once again the court with respect unfairly interrupts the cross-examination. â€“ Court Let us put it this way, forget the gravel. Is there a road next to this house. â€“ Counsel: M'Lord, he was going to answer me. I wanted that answer. lxc The learned judge with respect is unfairly undermining the cross-examination and â€“ defeating its purpose.'
[50] I readily accept that the record shows that the judge was on occasion impatient and abrupt. But it is even clearer that he was closely attentive to the questions put by counsel and determined to ensure that he clearly understood the purpose. To this end, the judge asked questions in clarification on frequent occasions. Many of the illustrations relied on by counsel arise from such occasions. A quotation from counsel's heads of argument will serve as an example of the pettiness and the irrelevance of many such complaints. 'The eighth quotation revolves around the following: the second appellant's defence was that he was standing under a tree alongside the road and the car in which the witness who he believes arrested him was travelling, almost ran him over. The following exchange in regard to this occurs: Court â€“ Is the tree in the gravel road? Counsel â€“ Yes. Court â€“ In the centre of the gravel road or where? Or next to the gravel road. Counsel â€“ It is alongside the gravel road, yes. He was standing under the tree. Court â€“ I understand that but I am asking you is your instructions that the tree is in the gravel road? Viiib â€“ Given the previous answer by counsel to the court's question, with respect this surely amounts to pure harassment. lxa â€“ The ninth quotation â€“ counsel: Would you agree that there was a gravel road running past the house? lxb â€“ Once again the court with respect unfairly interrupts the cross-examination. Court â€“ Let us put it this way, forget the gravel. Is there a road next to this house. Counsel: M'Lord, he was going to answer me. I wanted that answer. lxc â€“ The learned judge with respect is unfairly undermining the cross-examination and defeating its purpose.'