David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]
...does not extend beyond deliberate destruction or deliberate refusal to produce evidence already within a party's power or control . I t has never been suggested that it could extend to negligent failure to carry out additional investigations. Careless failure to investigate says nothing useful about the motives of the potential investigator. Inadvertence implies a failure to consider the implications, not a motive to conceal. 67. Absent deliberate destruction of evidence, or polic...