Newspaper reports;
LATT investigation;
LATT report;
Legal advice received by LATT;
Reference to PM;
PM’s response;
Judicial review proceedings in relation to the decision of the
PM not to initiate proceedings under section 137 of the
Constitution.
Inherent in that sequence, is that some matters initially reported have been
clarified by subsequent developments.
30.
In relation to newspaper reports, while note can be taken of the fact
that there were articles in the newspapers in relation to the issue of HDC
recommendations which, inter alia, led to the LATT investigation, the fairminded and informed observer would prefer to rely on the material that has
directly emerged from the LATT investigation. On those specific issues he/she
would ascribe far greater weight to material emanating directly from
ascertainable sources.
31.
A critical issue in the newspaper reports and the subsequent LATT
report was the allegation that the CJ made recommendations to the HDC for
the provision of housing for persons, including personal friends, or at the
request of personal friends.
32.
Another aspect to this allegation is that those recommendations were
followed up by the CJ and amounted to seeking favours from the government.
The applicants expressed concern was that this could have led to apparent or
unconscious bias against the former government if the recommendations made
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