New South Wales Crime Commission v Sun

The New South Wales Crime Commission brought proceedings against two defendants in the Supreme Court, seeking declarations and injunctions concerning their involvement in criminal activity. The second defendant, Mr Sun, gave evidence through an interpreter, and the Commission argued that the choice of words by the translator led to a misleading impression of Mr Sun's evidence and attitude. This, the Commission submitted, created a reasonable apprehension of bias, resulting in an unfair hearing. The trial judge found that there was indeed a risk of unfairness, and the trial was aborted.

The court was required to determine whether the translation of Mr Sun's evidence had compromised the fairness of the proceedings, and if the trial judge's apprehension of bias was reasonable. The court considered the potential impact of the translation on the overall fairness of the trial and whether there was a real likelihood of bias.

The court found that the translation did create a misleading impression of Mr Sun's evidence and attitude, which in turn contributed to a real likelihood of bias. The court determined that the trial judge's apprehension of bias was reasonable and that the trial had been unfair. Consequently, the trial was aborted, and the court made no further orders as the proceedings were terminated.