It's Complicated

Above is a pic of my living room touched off with a splash from an attractive oriental rug.  Life is good.

 On the other hand, the case I am reviewing is complicated.  I am here to help the defense of an editor (and owner) for a major newspaper who was convicted last week of criminal defamation and fined heavily (something like 300K I believe).  Her name is Trooj and I met yesterday with her and her attorney.  The prosecution was brought on behalf of the Prime Minister over a story published about his personal life concerning allegations that he fathered a daughter outside the marriage who went on to become a professional poker player (no-I am not making this up).  What could be worse?  There apparently was no testimony as to her ability to make a living wage from these games.

  There was a second case tied to the first one in which there were allegations of  corruption against a judge which has no real tie to the first article but for the fact that it tends to tarnish the reputation of the newspaper by bringing two cases at once.  To further complicate this case, the defense asked the prosecution to have a DNA test of the PM and the alleged daughter and he refused and the judge agreed with the prosecutor so no evidence came in except the testimony of the PM and the reporter who refused to name her confidential source.  The two reporters involved  were also defendants and also convicted. 

Moreover, the newspaper was a leading advocate for the PM's opponent in the last election so you have that element of intrigue too.  As I have noted before, in Mongolia the defendant's are charged with the burden of proving that the story was true (in the U.S. the burden in a defamation case is for the plaintiff to prove the falsity of the story beyond a reasonable doubt).  So it seems that the DNA testing becomes critical for the defense and is an obvious error to be argued on appeal. However, given the climate of the case, one can only speculate as to the ultimate outcome. That said, there are other more technical reasons for reversal on appeal with which I will not bore you.

The defense asked that I appear at the final trial judge hearing seeking a reduction in the sentence, but only as an observer.  The date for the hearing is not yet set but I certainly intend to attend and with an interpreter get a better understanding of the matter.  Now I am off to the office to get organized re next week,  And so it goes...