A primary judge's factual finding based on demeanour assessment, supported by objective indicia and expert evidence, will not be disturbed on appeal where no incontrovertible evidence contradicts the preferred witness. Photographs may be used to evaluate witness explanations but not as a sole source from which primary facts are inferred. The duty to examine all material evidence (Fitzgibbon) does not require a judge to answer hypothetical questions about who might have engaged in misconduct if the judge's finding is correct.
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