relevant circumstances therefore are those known to the fair minded and
informed observer at the time the issue of bias is being considered. It is in that
legal context that the factual matrix must be examined.
27.
This court is not required to make any findings of fact. It is however
required to make findings as to the relevant circumstances which would include
findings as to the existence of materials available for the consideration of the
fair-minded and informed observer up to this point in time. See for example
Archie JA and Warner JA5 in Panday v Virgil and Mendonça JA in Panday v
Espinet6.
28.
We stress once again that this is not the same as making any findings as
to i. the truth of any allegation or any material produced in support thereof, or
ii. the effect in law of any such materials in relation to the judicial review
proceedings.
Factual Background
The relevant circumstances /Ascertainment of the facts
29.
See Panday v Virgil per Warner JA at paragraph 60 and Panday v Espinet
per Mendonca JA at paragraph 45 (set out infra). The relevant circumstances
fall into the following general categories:
5
The relevant circumstances which this Court considered
60) The first stage was to ascertain all the circumstances which had a bearing on the allegation
of bias by making an objective and impartial appraisal of the evidence. It was important to
identify with precision those facts on which the suggestion of bias can be based.
6
45. The question therefore is whether the fair-minded and informed observer having
considered the facts would conclude that there is/was a real possibility the Magistrate was or
would be biased. A two-step approach has been advocated. First, the Court must ascertain all
the circumstances which have a bearing on the suggestion that the Magistrate was biased.
Second, it must then ask itself whether those circumstances would lead a fair-minded and
informed observer to conclude that there is/was a real possibility that the Magistrate was or
would be biased.
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