Workcover Authority of New South Wales (Inspector Dubois) v Concrete Constructions Group Limited [2000] NSWIRComm 65

Workcover Authority of New South Wales (Inspector Dubois) v Concrete Constructions Group Limited [2000] NSWIRComm 65

The apprehension of bias asserted by the defendant was not reasonably established because the judge, as former counsel, was only involved in an interlocutory, technical matter and did not participate in or form any view on the merits or the defendant's guilt; furthermore, mere prior involvement as counsel for the prosecutor does not, without more, meet the threshold for reasonable apprehension of bias. The application was found to be speculative, lacking in specification of any live issue, and had also been waived by delay in raising it.

Jurisdiction
Australia
Judgment Date
28 April 2000
Procedural Posture
Application for Judicial Disqualification in Prosecution Under Occupational Health and Safety Act / Interlocutory (application for Disqualification of Judge)
Outcome
application for disqualification dismissed
Legal Topics
['apprehension of Bias' 'judicial Disqualification' 'procedural Fairness']
['industrial Relations' 'criminal Law'] ['apprehension of Bias' 'judicial Disqualification' 'procedural Fairness']

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Procedural Posture

Application for Judicial Disqualification in Prosecution Under Occupational Health and Safety Act / Interlocutory (application for Disqualification of Judge)

Legal Issues

  1. 1 ['Whether President Wright J should be disqualified from hearing the proceedings due to reasonable apprehension of bias arising from having previously acted as counsel for the prosecutor in earlier proceedings against the same defendant']

Ratio Decidendi

The apprehension of bias asserted by the defendant was not reasonably established because the judge, as former counsel, was only involved in an interlocutory, technical matter and did not participate in or form any view on the merits or the defendant's guilt; furthermore, mere prior involvement as counsel for the prosecutor does not, without more, meet the threshold for reasonable apprehension of bias. The application was found to be speculative, lacking in specification of any live issue, and had also been waived by delay in raising it.

Court Disposition

application for disqualification dismissed

Orders

  • ['The application made by the defendant on 9 March 2000, treated as if made by notice of motion, is dismissed.' 'The costs of the said application are reserved.']