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Is Hayden J. unable to control proceedings in his own court? Whilst expressing no view as to whether an alleged abuser should be permitted to cross examine the alleged victim, whether in person or by a legal representative, a good judge should be able to keep a cross examiner on a short leash and thereby provide a reasonable degree of protection of the witness. A good judge should intervene promptly when the cross examination strays beyond what is necessary and reasonable. And I can see no reason why legislation should not be enacted which provides that as soon as the cross examiner steps beyond the 'reasonable and necessary' line, the judge warns him/her that in the event of a repetition the cross examination will be terminated. Whilst I see cross examination as a necessary right, in a fair system of justice, I do not consider it to be an absolute and unfettered right. And I think it perefectly reasonable that if someone abuses the right, he/she should lose it. In such circumstances I would hope that, very quickly, the word would get about that using cross examination as a method of abusing a partner is a 'non-starter'. But such a system would only work effectively if the hearing is presided over by a good judge with the ability to control his/her own court.

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