R v Jenkins
[2013] VSC 684
•18 December 2013
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2012 0161
| THE QUEEN |
| v |
| KETAPAT JENKINS |
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JUDGE: | T FORREST J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18 December 2013 |
DATE OF RULING: | 18 December 2013 |
CASE MAY BE CITED AS: | R v Jenkins |
MEDIUM NEUTRAL CITATION: | [2013] VSC 684 |
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CRIMINAL LAW – Child homicide – Application to trial Judge to recuse – Relationship between trial Judge and trial witness – Apprehended bias – Application granted.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | A. Tinney SC S. Flynn | OPP |
| For the Accused | M. Fox | Pica Criminal Lawyers |
HIS HONOUR:
I am unsure whether my old and indirect dealings with the accused's father-in-law and that man's father are sufficient to undermine the trial process with an appearance of bias. Nevertheless, I thought those dealings were of sufficient significance to bring to counsel's attention and it may be that a trial judge is not particularly well placed to appreciate objective perceptions about his or her capacity to hear a trial with an appearance of impartiality.
This is a tragic case involving a death of an infant. Emotions may well become charged. It is certain that I will make rulings on contentious issues and those rulings may cause angst to the party adversely affected. I consider that it would be a pity to risk contamination of the integrity of the trial process, even if, in my view, that contamination only exists in the mind of a subjective or partial observer.
Put simply, even if there are no sufficient grounds to justify my recusal, there are some grounds and I may not be the best person to judge whether they are sufficient. The integrity of the trial process is a precious resource and in the circumstances, I think it prudent to recuse myself from hearing the trial.
I have made enquiries and it is highly likely that Justice Lasry will hear the trial on the appointed date. It has been emphasised to my divisional head that this matter has been delayed on a couple of occasions and it is highly desirable that it proceed on the appointed date. This will be confirmed in due course .
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