a senior HDC official”- as well as seeking to advance the
recommendees’ cases by WhatsApp messaging the Prime Minister.
These factors would inevitably give rise to serious disquiet in the
mind of any fair-minded and informed observer and significantly
undermine public confidence in the judiciary.
49.
Based on the chronology supplied by the appellant, and examination of
the material in the report of the LATT, the fair minded and informed observer
would be hard pressed to perceive i. material evidencing even follow-ups, post
September 9th 2015, far less lobbying of the Government, in relation to these
recommendations. ii. any material evidencing disrespect or snub in relation to
those recommendations iii. any material supportive of the multiple levels of
speculation identified as the applicant’s concerns as highlighted and
emphasised above.
WhatsApp messages
50.
The remaining matter identified in the material available to the fair
minded and informed observer, and set out in the chronology, would be the
following allegation - namely that, at or around the time that the CJ was hearing
the appeals on the election petitions, he communicated via WhatsApp
messages with the PM in relation to housing recommendations for Dylan
Huggins, Carol Huggins and Felicia Pierre. While that alleged communication is
on a date not specified, given that it was alleged to be with the PM such
observer would infer that it had to be after the election.
51.
If accepted, the fair-minded and informed observer would be concerned
about a. any failure to disclose such messages, and b. the clear impression from
any such messages that i. the CJ was seeking a favour from a party directly
concerned with the outcome of a matter being heard or pending before the CJ
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