The matter was not put before the society's board and several board members did not know of the selection when called to solicit their thoughts, but all voiced support for the decision.
At the site, city departments were forced to move to leased office space and the demolition of City Hall, built less than 40 years ago, ignited vocal opposition, in part because the issue was not put before the voters.
The broader matter of whether it is permissible to execute the mentally retarded was not put before the justices by his lawyers, who, after considerable internal debate, decided to keep the issues limited.
Although Canter's evidence was not put before the jury at Gilfoyle's trial, it formed part of the prosecution case – and was used in the opening address by the crown.
Even as he steeled himself for an attack this past week, two advisers said, he nurtured doubts about the political and legal justification for action, given that the United Nations Security Council had refused to bless a military strike that he had not put before Congress.
A spokesman for the attorney general said: "The application [to seek a new inquest] was made to the attorney general on the basis that the original inquest made insufficient enquiry into the circumstances of [Pte James's] death, and because new evidence is now available that was not put before the inquest in December 1995.
But she said in most cases the full impact of abusive behaviour was not put before the court, because the current criminal law looked at individual incidents rather than being able to take an overview of a full pattern of behaviour.
"This is one man's decision, that was not put before a fair and impartial jury, does not involve me having failed a single drug test, is at odds with the facts and is inconsistent with the terms of the Joint Drug Agreement and the Basic Agreement, and relies on testimony and documents that would never have been allowed in any court in the United States because they are false and wholly unreliable".
