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Re: Cause of the Fire
Posted by:
Jim Mazerat (IP Logged)
Date: July 14, 2006 08:40AM
Denny
I think I am getting more confused by your example.
This was the question in my original post. If there is a fuel package next to a competent source of ignition, I understand you need to be able to explain how they came together. That is your ignition sequence. The level of certainty as to the ignition sequence can be as low as 50.01%. There can be another scenario, with a different ignition source, that the level of certainty is 49.99%. All I need to say in court is that my 50.01% is all that is necessary to determine the cause according to 921. I am not questioning the document but the fact that as professionals our level of certainty is being placed so low for us to make a call. If a person agrees that at the origin, there are five competent sources of ignition. One of the five is picked by the expert and he states this item, in his mine, reaches the level of just above 50%. Is that a sufficient level to send someone to jail? Are we as a profession lowering ore level just so we can make a determination? Then I must ask why the bar was set so high for determining the origin where the level must be conclusive.
As you can see, my problem is the bar at which we set the level.