PM’s Letter b. Further, the PM, in letter dated July 22nd, 2019 to LATT at page 5 emphatically denied receiving WhatsApp messages from the CJ or sending any to him. Because the specific terms of that denial are alleged to be relevant, (with the contention being made that it is ambiguous), the extract needs to be set out hereunder. I can confirm that there (sic) I have not received from the Chief Justice nor have I sent any WhatsApp messages to him regarding HDC housing, nor indeed have I had any communication with the Chief Justice regarding HDC housing. Further I have no records from or to the Chief Justice regarding HDC housing. (All emphasis in the original) 57. At page 8 his denial is expressed in slightly different terms, but it is a denial nonetheless and adopts his previous denial at page 5, as set out hereunder: As I have said, I have no recollection of having received any WhatsApp or any other communication from the Chief Justice regarding HDC housing nor have I sent any form of communication to him. The consequence of this is that the case against the Chief Justice in respect of the HDC housing complaints is considerably weaker, bearing in mind the doubtful status of the alleged HDC email and the non-specific hearsay evidence on which the second HDC complaint depends. The fact that the alleged WhatsApp communication with me is likely to have been a fabrication (since I never sent nor received any such communication) also raises the distinct possibility that someone sought falsely to implicate the Chief Justice. (Emphasis added in this paragraph) 58. While the fair minded and informed observer is not required to consider rules of evidence, and while this Court is not required to make, and expressly refrains from making any findings of fact, or comment on the recommendations, it is required to assess the circumstances that he would take into account in considering whether there exists a real possibility of bias in the hearing of the election appeals. 33

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