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 27

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