Atkin v Willee

The case of Atkin v Willee involved a psychiatrist, Dr William Mark Atkin, who was summoned to testify before a Commission of Inquiry investigating the death of a serviceman, Private David Jon Smith. The President of the Commission was Paul Andrew Willee RFD QC. Dr Atkin had seen Private Smith on two occasions, and he was concerned that the Commission might make adverse findings about his conduct in relation to these interactions. Evidence was presented by an expert in military medical administration, and there was a private telephone conversation between Willee, the counsel assisting, and the expert, which led to alterations in the expert’s report. These changes were deemed prejudicial to Dr Atkin, raising concerns about a reasonable apprehension of bias.

The court had to determine whether the private conversation and subsequent alterations to the report created a reasonable apprehension of bias in the mind of a fair-minded observer. Additionally, the court had to consider whether the later disclosure of the conversation and statements made by Willee were sufficient to remove any such apprehension. The case hinged on the principles of natural justice and the requirement for fairness in administrative processes.

The court found that the private conversation and the alterations to the expert’s report did indeed give rise to a reasonable apprehension of bias. However, it also concluded that the subsequent disclosure of the conversation and Willee’s statements were sufficient to remove any such apprehension. Despite this, the court held that the appropriate remedy was to prohibit the Commission from making any findings concerning Dr Atkin’s conduct in relation to Private Smith. The court did not consider it necessary to restrain the Commission entirely.

The court ordered that a writ of prohibition issue to Willee, prohibiting him from making any findings concerning Dr Atkin’s conduct in relation to Private Smith. Additionally, the court ordered that the second respondent pay Dr Atkin’s costs of the proceeding.