CJ never contacted him with regard to housing and that anyone was free
to recommend.
d. A letter dated January 12th 201820 from the former HDC general
manager referring to an alleged policy enabling recommendations from
senior public officials for requests for housing for persons in need.
e. No documented evidence of follow ups, far less lobbying, after the
election, save for disputed WhatsApp messages between the CJ and the
PM which will be examined hereunder.
f. If the alleged HDC internal email were to be accepted, they reveal that
the recommendations were actually being processed.
48.
It is in the context of that material that the applicant makes his claim to
apprehension of bias including paragraphs 47, 48, and 4921, of his affidavit. See
for example paragraph 49 (all emphasis added)
The real risk to the fair-minded and informed observer is that, either
during the hearing of the petition appeals or shortly beforehand, the
Honourable Chief Justice may have been seeking favors from the
Government of the day in respect of HDC housing applications. This
gives rise to real and substantial concerns of apparent bias and/or
apparent unfairness in relation to the Honourable Chief Justice’s
participation in decisions affecting the election appeals. I am
particularly concerned about the fact that the Honourable Chief
Justice wrote the then Managing Director of the HDC on June 26,
20
21
Record of Appeal page 749
pages 47 and 48 of the record of appeal
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