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Maybe this will help... (this is probably how it all went down)

Pinder (a very good Bahamian lawyer) said (word for word the other day)...

The point is the lawyers (Larry's) have to push this, they have to argue that a DNA test is indispensable to the resolution to the case on the merits. Once they press that and push him up in the corner and if he doesn't take the test (have the test done on the baby) then he loses the case because the DNA test would be indispensable. So it depends on the arguments of the lawyers more than upon the judge ordering that someone take a test because a person cannot be forced to do anything.

Then the CTV reporter says.... ok then if he does not take the test (provide the baby for the test) then the presumption is that he is not the father. (fear nothing and have the test done if you are the father - that is how they do things over there - their morals)

Pinder said yes but was cut off by the camera before he could say more.

in·dis·pen·sa·ble
1. absolutely necessary, essential, or requisite: an indispensable member of the staff.
2. incapable of being disregarded or neglected: an indispensable obligation.

merits
Law A party's strict legal rights, excluding jurisdictional, personal, or technical aspects.
The factual content of a matter, apart from emotional, contextual, or formal considerations

Does that help?

they have a odd way of doing things over there - there is also no pleading the 5th over there. If you don't talk they throw your @ss in jail until you do talk.

It was also said that if 2 Bahamian men were fighting for custody over a Bahamian child just as these 2 are. They both would be directed to take the DNA test and submit the child for DNA. If one father refused to submit his DNA he would automatically loose the case and the child would go to the other father without any DNA tests being done.
Why they are not forcing Stern's DNA is probably because it was easier for the judge to get Stern to submit the baby for DNA instead of getting both Stern's and the baby's DNA. Stern does not want his DNA taken and he thinks he can hold on to that baby if Birkhead does not match up. Basically they forced Stern up against a wall. But Stern won to some degree but Larry will now learn if he is the baby's father or not. If Birkhead is not that father... then it will be up to Virgie to push Stern to do a DNA test.