Merrin v Commissioner of the Police Service

[2002] QCA 449

[2002] QCA 449

COURT OF APPEAL

McPHERSON JA
CULLINANE J
HOLMES J

Appeal No 3615 of 2002

THOMAS WILLIAM MERRIN  Appellant
  (Defendant/Appellant)

and

COMMISSIONER OF THE POLICE SERVICE                 Respondent
  (Complainant/Respondent)

BRISBANE

..DATE 24/10/2002

JUDGMENT

APPLICANT appeared on his own behalf

MR S A McLEOD of counsel (instructed by Queensland Police Service)

McPHERSON JA:  On the basis of something that I am reported to have said on an occasion when this matter was informally before us on an earlier occasion, I am asked to disqualify myself on the ground I think that I have already formed a final opinion on the outcome of at least one of the issues in this case.

Having considered what was said in that regard and discussed the matter with my colleagues, I have decided that I should not disqualify on that ground.

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