THE APPLICANT ' S BEHAVIOUR IS CERTAINLY OPEN TO CRITICISM WITH REGARD TO THE DUTY OF FRANKNESS OWED BY A SCIENTIFIC RESEARCH WORKER TO HIS IMMEDIATE SUPERIOR .
66 IN FACT , THE APPLICANT WAS UNDER A DUTY AT ONCE TO GIVE HIS IMMEDIATE SUPERIOR COMPLETE DETAILS OF THE PROGRESS OF HIS EXPERIMENTS , WITHOUT HIDING ANY FACTORS CAPABLE OF RAISING DOUBTS AS TO THE RESULTS OBTAINED .
67 THAT BEHAVIOUR ON THE PART OF THE APPLICANT IS ENOUGH ON ITS OWN TO JUSTIFY MR MALVICINI ' S SUSPICIONS , WHICH WERE EXPRESSED IN THE FIRST EVALUATION GIVEN IN THE NOTE OF 4 MAY 1971 AND REITERATED SUBSEQUENTLY .
68 FURTHERMORE , IT BECAME INCREASINGLY CLEAR DURING THE COURT PROCEEDINGS THAT THE ESSENTIAL PART OF THE APPLICANT ' S DEFENCE CONSISTS IN DENYING THE AUTHENTICITY OF THE STRIPS FROM THE ANALYSER PRINTER RELATING TO MEASUREMENTS NOS 37 TO 41 WHICH MR MALVICINI STATES THAT HE FOUND IN THE WASTEPAPER BASKETS OF THE CENTRE AT ISPRA .
69 IF THE ABOVEMENTIONED STRIPS WERE AUTHENTIC , THE RESULTS CONTAINED IN THE HANDWRITTEN NOTE SUBMITTED BY THE APPLICANT TO MR MALVICINI MUST HAVE BEEN FALSIFIED , SO THAT THE ACCUSATIONS MADE BY THE LATTER AGAINST THE APPLICANT WOULD BE JUSTIFIED .
70 CONSEQUENTLY , THE COURT SHOULD FIRST OF ALL TURN ITS ATTENTION TO THOSE FACTORS WHICH AFFECT THIS QUESTION , WHICH IS FUNDAMENTAL FOR THE OUTCOME OF THE ACTION .
71 THE COMMISSION HAS EMPHASIZED THE FACT , WHICH IS MOREOVER CONFIRMED IN THE ABOVEMENTIONED REPORTS , THAT FOR THE XENON-133 , ONE OF THE TWO GASES ANALYSED IN THE COURSE OF THE APPLICANT ' S EXPERIMENT , AFTER DEDUCTION OF THE BACKGROUND NOISE OF THE APPARATUS USED FOR THE EXPERIMENT THE VALUES RECORDED ON THE STRIPS IN QUESTION CORRESPOND WITHIN A FEW FIGURES TO THE RESULTS SUBMITTED BY THE APPLICANT IN HIS REPORT TO THE DIRECTOR OF THE CENTRE AT ISPRA .
72 ON THE OTHER HAND IT IS POINTED OUT THAT THERE IS NO SUCH CORRESPONDENCE FOR THE OTHER GAS , THE XENON-131 .
73 THE APPLICANT FIRST ALLEGED THAT THOSE VALUES RELATED TO AN EXPERIMENT OTHER THAN HIS OWN OR THAT THEY WERE FAKES .
74 ACCORDING TO THE COMMISSION AND THE EXPERTS OF THE STUDY CENTRE AT MOL , THERE IS ONLY A MINUTE CHANCE OF MANAGING WITH THE PRINTER TO REPRODUCE FOR THE XENON-133 A RESULT CORRESPONDING TO THAT OBTAINED IN THE COURSE OF THE APPLICANT ' S EXPERIMENT .
75 MOREOVER ON SEVERAL POINTS THE APPLICANT HAS CHALLENGED THE STATEMENT THAT THE VALUES RECORDED FOR THE XENON-133 ON THE STRIPS CORRESPOND TO THE RESULTS SET OUT IN HIS REPORT .
76 HE HAS CAST DOUBT UPON A FIGURE APPEARING ON THE STRIPS IN THE HUNDREDS COLUMN , POINTING OUT THAT THAT FIGURE COULD BE READ EITHER AS A ZERO OR AS A NINE .
77 HOWEVER , WHEN THOSE STRIPS ARE COMPARED WITH THE NORMAL TREND OF THE CURVE REPRESENTING THE DISSOLUTION PHENOMENON IN QUESTION ,