Environment Protection Authority v Mouawad (also known as Isaac) [2023] NSWLEC 30

Environment Protection Authority v Mouawad (also known as Isaac) [2023] NSWLEC 30

Given prior findings involving adverse credit of Mr Mouawad, including his sentencing for dishonesty offences related to waste management and asbestos, a fair minded observer might reasonably apprehend I might not bring a completely impartial mind to determining his guilt or innocence on the current charges. The application for recusal made by the Prosecutor is therefore warranted and I must disqualify myself.

Parties
Prosecutor: Environment Protection Authority; Defendant: Paul Mouawad
Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Criminal / Pre Trial (recusal Application)
Outcome
Judge recused (recusal application granted)
Legal Topics
Apprehension of Bias, Judicial Disqualification, Waste Offences, Strict Liability Offences
Criminal Law Environmental Law Procedure Apprehension of Bias Judicial Disqualification Waste Offences Strict Liability Offences

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Parties

Environment Protection Authority

Prosecutor

Paul Mouawad

Defendant

Procedural Posture

Criminal / Pre Trial (recusal Application)

Legal Issues

  1. 1 Whether there is a reasonable apprehension of bias requiring the judge to disqualify herself from further conduct of the proceedings

Ratio Decidendi

Given prior findings involving adverse credit of Mr Mouawad, including his sentencing for dishonesty offences related to waste management and asbestos, a fair minded observer might reasonably apprehend I might not bring a completely impartial mind to determining his guilt or innocence on the current charges. The application for recusal made by the Prosecutor is therefore warranted and I must disqualify myself.

Court Disposition

Judge recused (recusal application granted)

Orders

  • I disqualify myself from participating further in these three proceedings the subject of the Prosecutor's notices of motion dated 14 March 2023.