> Is that fair to him?

You speak as if the world is static. The world is dynamic. Resolution is a process. Nothing has become final, no judgment has been rendered, and finality is yet to come. To put it another way, your question is pre-mature. I am very fair. I will treat him fairly. If I were to do what you suggest, that wouldn't be fair. The finality would come too early, and nothing will have changed.