I have to say...
... ATL's barrister, Firth, has some serious balls calling the judge out on some of the points of opinion.
Manchester-based reseller Aria Technology Ltd is appealing against a tax tribunal finding that MD Aria Taheri “knew or ought to have known” that it took part in a VAT carousel fraud. Her Majesty's Revenue and Customs (HMRC) has published a guide to what missing trader intra-community (MTIC) fraud is on the GOV.UK website. …
“You can't just rely on the demeanour of the witness... that’s a conclusion, not a reason.”
"It is common for judges to say they are not impressed by the witness’s evidence.”
Seems to me that they're both right. Judges often say that they are unimpressed by a witness, but that's usually because the witness contradicts themselves, lies, has an incredible story or appears to be making it up as they go along.
Judges dismissing evidence because the witness slumped, looked a bit shifty, eyes were too close together etc. seems wrong.
I knew Aria before he even got those two rooms in Longsight, when he was still operating from a flat in Fallowfield. (I was on the same MSc course as him in 1992-1993.)
I helped out from time to time at the Longsight premises and at trade shows, very early on.
The company I work at now, still buys from Aria / Velo regularly.
Interesting points to consider - #47:
a) Mr Justice Roth said: “If you think of a witness who is not giving truthful evidence, you can, on that basis, say you don’t find them convincing....
b) HMRC refused to do this, saying that it had a duty of confidentiality to “the taxpayer” (ie, its opponent, Aria) and told us we would have to make a formal legal application to see it, saying that ATL had refused permission for it to be handed over. When our barrister, Greg Callus of 5RB, turned up, Aria Taheri readily agreed to show us copies of both his own brief’s skeleton and HMRC’s....