SHMANDIY v Police

In *SHMANDIY v Police*, the applicant sought to disqualify Acting Chief Justice Livesey from presiding over proceedings due to an alleged apprehension of bias. The dispute centred on whether the receipt of the Court Record by the Acting Chief Justice gave rise to a reasonable apprehension of bias, thereby necessitating his disqualification. The matter was heard by Acting Livesey CJ and David J.

The central legal issue before the court was whether a fair-minded lay observer, having regard to the facts presented, might reasonably apprehend that Acting Chief Justice Livesey would not bring an impartial mind to the resolution of the issues before him. This required the court to consider the threshold for establishing apprehended bias in judicial proceedings.

The court rejected the applicant's submission, finding that the mere receipt of the Court Record did not, in itself, give rise to the requisite apprehension of bias. The applicant had not demonstrated, nor did the court find, any specific event or decision that supported a claim of procedural unfairness or discrimination. Applying the established legal principles for apprehended bias, the court concluded that the applicant had failed to establish that a reasonable apprehension of bias existed. Consequently, the application to disqualify the judge was dismissed.