were vitiated by apparent bias on the part of the CJ arising from the HDC allegations. 11. Accordingly, in the instant proceedings no finding is made in relation to any issue in the judicial review proceedings. We are not required to make, and indeed must strenuously avoid making, any findings of fact in relation to the issues in that matter. Additionally, the instant proceedings are not a rehearing of the election petitions or the appeals therefrom. Conclusion 12. Upon an application of the legal test for apparent bias, to the circumstances now within the knowledge of the fair-minded and informed observer, there is no basis for him or her to conclude that there was a real possibility of bias on the part of the Chief Justice when he sat on the appeals. Order 13. In those circumstances the appeal is dismissed. Analysis Law Bias -The legal test 14. The test for apparent bias was considered in the case of Panday & Anor v Espinet Civ. App. No. 250 of 2009 delivered May 11, 2011 per Mendonça JA at paragraph 25 25. In Porter v Magill, the House of Lords approved an adjustment to the common law test of bias that had been enunciated in R. v Gough [1993] UKHL1. The question now is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased. The reference to the tribunal in that formulation would of course include magistrates. 6