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
22 June 2020

Mrs Escobar, Henao’s record of her years as the long-suffering wife of the world’s most infamous drug trafficker, opens with a question she has often been asked: ‘How could you sleep with that monster?’ Her answer is that she loved him, and, in retrospect, that she was too afraid to leave. Henao has lived with Escobar’s legacy far longer than she lived with Escobar, who was killed in 1993. She changed her name and the names of her children (Juan Pablo is now Sebastían, Manuela is Juana and she is María Isabel), fled Colombia, went into hiding and fought lawsuits, blackmail and media attacks.

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