1. Monash University and Justice Richard Tracey deliberately prolonged the cross-examination on Chen in order to avoid the examination of key witnesses from Monash University. Before the 8-days trial, two days had been scheduled for cross examination of Chen (Tab 656). However, during the 8-days trial in March 2014, Chen was subject to cross-examined for 6.5 days. Much time was wasted on trivial, irrelevant events or plainly by repeated questions, while the critical issues (such as the organised harassment in relation to Chen's laboratory relocation, read more) were completely left off.
Wasting time on dropped, or trivial, irrelevant events
• T147-149, wasting time on claim against Monash HR Ms Amanda Robinson, which had been dropped off at very beginning. Chen “I don’t want to dwelling on time on this minor point, and let’s move on, on the major issue.”
• T244-247, wasting time about PI or CI of Chen's NHMRC grant, which turned out to be the mistake of the Monash Respondents.
• Chen: Apple subpoena can address all this problem. Why do we waste time make this argument? (T269.12-13)
• T351, about when the Applicant made the contemporaneous note of iPad game, which is a trivial point.
• T1070-1073, dwelling on how Chen collected her evidence from the Guest Centre of Virgin Airline, which is irrelevant to the subject matter of VID857/2013.
Wasting time by plainly repeating examinations
• Chen: You don’t need to repeat all of this.(T444.43)
• Chen: Why are we going through these again? I think we have already gone through these ... wasting time. (T521.32-33)
• Mr Bourke (Senion Counsel of Monash): Right. Now, I just want to take you about three quarters of the way down the page. You ? Chen: Why do you repeat this? (T528.41-42)
• Chen: The same document? over, over repeated question. Wasting time. (T570.6)
• Chen: You have already asked this yesterday, Mr Bourke. (T570.13-14)
• Chen: Don’t ask the same again question. (T570.16)
A number of key witnesses of Monash University were withdrawn or not arranged at all
o Andrew Picouleau (withdrawn), who was the key witness to the misconduct of the Faculty Dean Tam Sridhar at the meeting on 13 December 2011
o Lyn Broadstock (withdrawn for holiday in Europe T904:45-46), who provided Chen with an incorrect version of performance standards on 9 June 2011 and thus was the key witness of the incident
o John Sheridan (withdrawn), who was well informed of the sexual harassment issue as early as 2010.
o Adam Shoemaker and Katherine Carson (not arranged at all), who mishandled Chen’s promotion rehearing process,
o Ian Wheeler and Hilary Bowman (not arranged at all), who directly participated in the conspiracy of allocating Chen’s laboratory close to Simon’s office in 2012.
o Stelios Konstantinidis (not arranged at all), who was directly involved in the conspiracy of allocating Chen’s office next to Mr Simon’s office in February 2013.
2. Note: Monash HR witness arrangement were of racial discrimination nature, because the withdrawn witnesses are all caucasian so as to not comitte purjery, but two Chinese academics, Mr Yibing Cheng (E11) and Mr Qipeng Guo were forced to come to the Court to make false testimony, presumably for the sake of their job security.
3. Justice Tracey unreasonably rejected a number of Chen's subpoena, which would had produced direct, solid evidence. As a result the hearing proceedings was plainly ineffective, with Monash representatives plainly making invalid denials or making false claims, and Chen proving her claims using circumstance evidence. For example, how the harasser George Simon sat next to Chen on the flight of DJ1166 trip –a bizarre “coincidence” (E8), and the sperm-game played by Chris Davies (E5). Consequently, the hearing was overly prolonged by Justice Tracey's wrong rejection of Chen's subpoena. However, Justice Tracey order costs against Chen for the overly prolonged trial caused by his injustice.