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Re:Pirate Bay Founder Arrested in Cambodia by tedunangst on Saturday September 01, 2012 @04:29PM (#4465017)
The problem is evidence and particularly eyewitness testimony (unreliable to begin with) decay with age. Banning absentia trials creates an incentive for people to hang out for a few years, then come back and say "all this evidence is too old, you should reasonably doubt its integrity".
Re:Pirate Bay Founder Arrested in Cambodia by rhizome on Saturday September 01, 2012 @04:55PM (#4465102)
Was the Pirate Bay trial(s) subject to any of those weaknesses?
Re:Pirate Bay Founder Arrested in Cambodia by tedunangst on Saturday September 01, 2012 @05:20PM (#4465175)
Dunno. I thought the thread had wandered away from a specific case and was making a general comment. But yes, I believe that's something considered before proceeding in absentia.