That's the case in Australia, too, Sorcha.

Good effort FC, a good song doesn't need to worry about the facts!

The judge had been known for some years to behave in this way. Sometimes his snoring even was noticed. Appears that the defence totally stuffed it - hence the ruling.

1) The defense counseled the defendant to write a letter to the Judge, saying among other things that he had a fair trial.

2) The defense did not raise the point of the Judge snoring, hence it did not make it into the transcript, hence the ruling that it did cause any problems. I wouldn't want to be the lawyer doing this, I wold never make it to Judge status myself... If it's not in the transcript, it didn't happen...

The case may yet be appealed higher. The Judge retired soon after the case. Because he has now retired, under the Law, nothing really can be done - the disciplinary parts of the relevant Law about Judges' behaviour only applies to SITTING Judges...