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.
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