Tokens: 5
.
I
wish
to
stress
that
:
(
1
)
the
conclusion
of
the
majority
results
from
an
unjustified
extension
to
the
theory
of
outward
appearances
;
(
2
)
it
does
not
suffice
to
say
,
as
the
majority
do
in
paragraph
62
of
the
judgment
,
that
it
is
“
understandable
that
the
applicant
...
should
have
been
apprehensive
about
being
tried
by
a
bench
which
included
a
regular
army
officer
,
who
was
a
member
of
the
Military
Legal
Service
”
,
and
then
simply
to
rely
on
the
Incal
precedent
(
Çıraklar
being
a
mere
repetition
of
what
was
said
in
the
Incal
judgment
)
;
and
(
3
)
the
majority
’s
opinion
is
in
the
abstract
and
ought
therefore
,
if
it
was
to
be
justifiable
,
to
have
been
better
supported
both
factually
and
legally
.
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