65.
It was contended that inadequate disclosure of matters related to HDC
recommendations would enhance the perception of bias. While the fairminded and informed observer may have had initial misgivings concerning
those allegations while they remained unrefuted,
i. their clarification, refutation, and explanation by persons with direct
knowledge concerning those matters, and
ii. the extensive material unearthed by the investigation of the Law Association,
would all now be available to that hypothetical observer.
66.
He/she would now be in a position to assess a wider array of directly
sourced material and documentation, and would no longer need to rely
exclusively on unsourced newspaper reports. In that context allegations of
inadequate disclosure would no longer be relevant.
67.
The fair minded and informed observer would be entitled to form his
own conclusions, on the material now available to him, in making his
determination of whether there existed a real possibility of bias on the hearing
of the appeals.
HDC Recommendations
68.
Having objectively analysed and assessed the material above, the fair
minded, impartial, and informed observer would reasonably conclude:
i. that recommendations were made by the CJ in 2013 as well as 2015 made in
the context of an HDC policy which accommodated recommendations in
respect of HDC housing.
ii. that recommendees in respect of the 2013 recommendations, made during
the previous government’s tenure, were successful in having housing allocated
to them.
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