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Behaviour of the Respondent's Witnesses
The Respondent presented eight witnesses: former team members, management and HR. They gave all the impression that they were trained in how to behave and instructed about what they could say and what they had to omit, as if all of them were reading from a prepared script. Words like bullying, alarm, distress, humiliation and intimidation were clearly not to be used and were in general replaced by euphemisms like disagreements, nervous and annoyed. Cross-examination of the Respondent's witnesses was frustrating because of their selective memory, the constant “I don't remember” answers and evasive replies to yes or no questions. By comparing their written witness statements and verbal answers with the contemporary evidence, most, if not all, were caught out lying. Mr Martinez repeatedly interrupted witnesses when they were giving answers which were not following “the script”

I found the cross-examination of the Respondent's witnesses extremely difficult. At times it took very long to get answers for simple questions and several questions were never answered. The Chairman hardly asked any questions himself to the witnesses, although many questions could have helped him with his decision making. This was one of the reasons why I felt that the Chairman was biased. In general I cut the cross-examination of the Respondent's witnesses short because I was already heavily exhausted and I didn't get anywhere really. An experienced lawyer would have done much better.

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