RE: [ga-abuse] Pending Suspension

[R.Gaetano@iaea.org]

Patrick,

> 
> However, nobody said anything about list monitors recusing themselves
> because they are adjudicating a complaint made against 
> Roberto by, say, WXW,
> in relation to insults for which one or other of the list 
> monitors were the
> subject.

Please re-read the answer from Kristy to Eric:
> If a person named in a complaint or making the complaint is 
> also a list 
> moderator that person will not participate in the processing 
> of the complaint.

This was exactly the case I was commenting on (complaint from WXW against
Eric, message from Eric contains offense to Alexander, Alexander recusing
himself)

> 
> However, I said it when I was first appointed as a list monitor.  It
> complies with a general rule of law going back to the days of 
> the Roman
> Empire that nobody should be a judge in their own case.
> 
> In modern parlance, a "conflict of interest".
> 


Which is the lesser evil? To accept in limited and exceptional cases the
"conflict of interest" or to be paralyzed and not being able to operate?
Again, if I offend both list monitors, and a third party complaints, if the
list monitors recuse themselves invoking the rules you mention I will get
away with it.
The problem is that in normal courts you have many judges, and it is
reasonably possible to find somebody that does not have a conflict of
interest. In our case, we don't.

Regards
Roberto