Comment: Re:Inside my HD there are two very important files (Score 1) 1009
This is probably going to get negative mod points tossed at me but WTF. Someone has to argue for our system of law...
Our system of law only works when both sides of the argument are on equal footing. Neither side can produce "surprise" evidence without the other side having an opportunity to challenge either the results or the procedure to get the results. Both sides have a duty to see that all the evidence available is presented to the opposing side to allow for that challenge.
Imagine if the shoe was on the other foot here. Imagine if the prosecution had evidence which showed the defendant is innocent. It is just as much a crime to withhold that discovery as is the case in this instance.
Refusing the other side the discovery they are due in a court of law, no matter which side does it, is cause IMO for the case to go against the offending side. It is the same as spoliation, the willful destruction of evidence.