Gustavo v The Prosecutor-General (CC 6 of 2021) [2022] NAHCMD 237 (11 May 2022)

Gustavo v The Prosecutor-General (CC 6 of 2021) [2022] NAHCMD 237 (11 May 2022)

Expression of a prima facie view by a judge at an interlocutory stage, such as a bail appeal, does not amount to bias or create a reasonable apprehension of bias; the applicant failed to discharge the onus of proving bias.

Citation
[2022] NAHCMD 237
Parties
Applicant: Ricardo Jorge Gustavo; Respondent: The Prosecutor General
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 May 2022
Case Number
CC 6 of 2021
Procedural Posture
Criminal / Application for Recusal Ruling Prior to Trial
Outcome
Application for recusal dismissed
Legal Topics
Judicial Recusal, Bias, Prima Facie Findings, Section 174 Application
Source Language
English
Criminal Procedure Judicial Recusal Bias Prima Facie Findings Section 174 Application

Case Brief

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Parties

Ricardo Jorge Gustavo

Applicant

The Prosecutor General

Respondent

Procedural Posture

Criminal / Application for Recusal Ruling Prior to Trial

Legal Issues

  1. 1 Whether prior prima facie findings by the judge in a bail appeal create a reasonable apprehension of bias requiring recusal from the trial

Ratio Decidendi

Expression of a prima facie view by a judge at an interlocutory stage, such as a bail appeal, does not amount to bias or create a reasonable apprehension of bias; the applicant failed to discharge the onus of proving bias.

Court Disposition

Application for recusal dismissed

Orders

  • The applicant’s application for recusal is dismissed.
  • The matter is postponed to 20 July 2022 at 10h00 for determination of trial dates for the hearing of the matter.