Bezer v Bassan

The applicant, Bezer, sought an order from the primary judge to disqualify herself from presiding over proceedings on the grounds of apprehended bias. Bezer contended that a witness had been bullied by the primary judge, leading the witness to fear they had committed perjury. The appeal concerned whether the primary judge erred in refusing to disqualify herself and whether leave to appeal was required against that refusal.

The central legal issues before the Court of Appeal were whether a fair-minded lay observer, reasonably apprehending the facts, might conclude that the primary judge would not bring an impartial mind to the resolution of the case. Additionally, the court had to determine if the applicant's failure to seek leave to appeal the initial disqualification decision precluded him from raising that issue on appeal against the final judgment.

The Court of Appeal found no grounds to conclude that a fair-minded lay observer would reasonably apprehend bias. It reasoned that the primary judge's interventions were aimed at clarifying the witness's status as either a factual or expert witness, and no complaint was made by counsel at the time these interventions occurred. The court also noted that the applicant had not sought leave to appeal the decision to refuse disqualification, which was a necessary step.

Leave to appeal was granted, but the appeal was ultimately dismissed. The applicant was ordered to pay the costs of the appeal, and it was noted that a previously granted stay order had expired.