further advanced that the apprehension of bias could arise on the part of both
the previous and the current government because of alternative scenarios.
These were set out as follows:
g.
That his request which he was actively pursuing or at
minimum was still interested in either remained live and pending or
had found favour and was successful under the new government
whose elected representatives were the subject of the election
petition.
OR
That the request for assistance was not successful under the PP
government and there was a real possibility that the applications
may have to be processed and granted under or by the new
government. (whichever was true)
The observation…. that the evidence shows that most of the
lobbying actually took place under the PP government doesn’t
weaken the argument. The Respondents assert that if anything, this
shows that they may have had good grounds to be concerned
about bias against the PNM.
The importance of disclosure and the principles about apparent
bias are not concerned with showing bias to one particular party.
What is important is that the FMIO has confidence in the judicial
process and fairness to all parties concerned. Even if it could have
been perceived by the Respondents that the CJ could be guilty of
apparent bias in favour of the PP government, this underscores
why disclosure was necessary to both parties. Bias to anybody
taints the proceeding whether it is to one side or the other is not
the determining factor in this case. (All emphasis added)
72.
The fair- minded and informed observer would also note and take into
account the statements of the previous Minister of Housing that he had no
communication with the CJ and conclude that recommendations made to the
HDC, certainly prior to September 2015, did not imply communication with the
Executive in the person of the Minister of Housing. He would also note the
further reported and confirmed statement by him that any one was free to
recommend and there was a process.
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