Ernesta & Ors v R (MA 01/2017 (arising in CO 22/2016)) [2017] SCSC 852 (2 May 2017)

Ernesta & Ors v R (MA 01/2017 (arising in CO 22/2016)) [2017] SCSC 852 (2 May 2017)

The applicants failed to establish that Judge Burhan was actually or perceived to be biased. The judge's comments and questions did not amount to bias or prejudgment extraneous to the legal or factual merits of the case. The objective test for bias was not met and there was no reasonable apprehension of partiality.

Citation
[2017] SCSC 852
Parties
Applicant: Francis Ernesta; Applicant: Brian Mothe; Applicant: Kevin Quatre; Applicant: Danny Sultan; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 May 2017
Case Number
MA 01/2017 (arising in CO 22/2016)
Procedural Posture
Criminal / Interlocutory Motion for Recusal
Outcome
motion denied
Legal Topics
Judicial Bias, Recusal of Judge, Fair Trial, Impartiality
Source Language
English
Criminal Law Constitutional Law Judicial Bias Recusal of Judge Fair Trial Impartiality

Case Brief

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Parties

Francis Ernesta

Applicant

Brian Mothe

Applicant

Kevin Quatre

Applicant

Danny Sultan

Applicant

Republic

Respondent

Procedural Posture

Criminal / Interlocutory Motion for Recusal

Legal Issues

  1. 1 Whether comments and questions by the trial judge amounted to actual or perceived bias warranting recusal
  2. 2 Whether the application for recusal was properly before the Supreme Court

Ratio Decidendi

The applicants failed to establish that Judge Burhan was actually or perceived to be biased. The judge's comments and questions did not amount to bias or prejudgment extraneous to the legal or factual merits of the case. The objective test for bias was not met and there was no reasonable apprehension of partiality.

Court Disposition

motion denied

Orders

  • Motion for recusal is denied.