barmar, on 2016-February-03, 14:31, said:
I like to assume that when the law says "evidence", it means "credible evidence", otherwise almost anything can make that sentence useless.
I'm not suggesting that a self-serving statement is automatically not credible. But if the TD has a good reason to disbelieve the player, he can ignore it and follow the "in the absence of evidence" clause.
Quite obviously, you are entirely correct that "evidence" in law 75D should be read as evidence
after the conflict between the self-serving statement and the hand comes to light. After all, the discrepancy is already established as a fact. This "evidence" is -by definition- always present in a 75D case and it is quite obvious that the lawmakers intended their "evidence" to mean "evidence beyond the reason that brought you to law 75D". The situation "without evidence to the contrary" would otherwise never arise.
For people who -nevertheless- reason that the self-serving statement that brought us to law 75D is to be considered as "evidence" in the view of the lawmakers, there is a simple workaround, leading to the same interpretation of law 75D as the one that is obvious to you and me:
There always are two pieces of evidence:
a) The self-serving statement of the player that they play convention X. This is evidence (albeit very weak) that they play convention X.
b) The hand and the actual auction, where the call chosen with the given hand doesn't match convention X at all. This is strong evidence that they did not play convention X at the time the call was made. It is based on facts that all players have already agreed upon: The player held this hand, and made this call.
Obviously evidence b) carries more weight. So, if there is no
additional evidence to the contrary we rule MI.
Rik
I want my opponents to leave my table with a smile on their face and without matchpoints on their score card - in that order.
The most exciting phrase to hear in science, the one that heralds the new discoveries, is not “Eureka!” (I found it!), but “That’s funny…” – Isaac Asimov
The only reason God did not put "Thou shalt mind thine own business" in the Ten Commandments was that He thought that it was too obvious to need stating. - Kenberg