Quote of the week

Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
20 February 2013

Under the smooth guidance of state prosecutor Gerrie Nel, the case’s investigating officer Hilton Botha delivered what seemed to be a damning case against Pistorius in the morning session. But when defence advocate Barry Roux began his cross-examination of Hilton, it took very little time for things to fall apart. As a criminal lawyer pointed out to the Daily Maverick, “the skills of the prosecutor mean nothing if the IO [investigating officer] caves in the stand.” After a full grilling from Roux, the police work on the case was made to look sloppy and careless. – Rebecca Davis at Daily Maverick

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest