However being possessed of the common sense and intelligence ascribed to him by law he or she would take into account: a. the nature of the material produced in support of the alleged WhatsApp messages; and b. the inherent plausibility of their content in the circumstances outlined above. 61. It is in that context he would take into account and assess the emphatic denials by the persons directly concerned. It is hardly conceivable that such a fair minded and informed observer in this country would do otherwise. The denials 62. The context in which the less than categorical denial by the CJ was being made, namely, the threat of investigation, and possible section 137 proceedings, would be part of the factual matrix that the fair minded and informed observer would take into account. While criticism was directed by the applicant to the non-specific nature of the denial, a fair and informed observer would note the statement in paragraph 8 of the affidavit of the CJ in previous proceedings- Law Association of Trinidad and Tobago v The Honourable The Chief Justice of Trinidad and Tobago Civ. App. No P075 of 2018 delivered May 22nd 2018 (referred to at page 6 of the judgment of the Honourable Bereaux JA at page 80 record of appeal) to the effect that the allegations made were untrue and that legal advice constrained a more specific response to the multiple allegations being made. In that context, not being unduly suspicious, he would therefore not read more into the failure to specifically address the allegation of WhatsApp communications by the CJ to the PM. 35

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