So it occurs that the only reason the trial was halted was for precisely the reason stated in today's strip, which is the mother of all technicalities.
Can you imagine what might have happened if the Matrix had picked up on his guilt over any of the destructions of Gallifrey? 'Day of the Doctor' may have retconned his genocide of the Time Lords, but the attempted genocide of the Daleks (and this is at least the 3rd effort) would have been enough to condemn him.
Hmmmm.
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