Judge Vohrah wrote in a separate opinion that the application of the principle of equality of arms in criminal proceedings should be inclined in favor of the defense acquiring parity with the prosecution, not the other way around.61 Judge Vohrah notes that the principle of equality of arms is inclined in favor of the defense because in practice inequality of arms is found when the, “defense is unfairly disabled from preparing or presenting its case.”62Judge Vohrah’s opinion suggests adherence to the historical rationale of the defense at an inherent disadvantage vis-à-vis the prosecution and procedural parity as essential to mitigate this injustice.