Evans (Appellant) v The Queen (Respondent) (Bahamas)

Evans (Appellant) v The Queen (Respondent) (Bahamas)

The participation of Isaacs JA in the appeal, after having made final and significant rulings on the same issues in the aborted second trial, would lead a fair-minded and informed observer to conclude there was a real possibility of pre-judgment, thus giving rise to apparent bias and denying the appellants the appearance of a fresh and impartial appellate tribunal.

Citation
[2018] UKPC 30
Parties
Appellant: Stephen Stubbs; Appellant: Andrew Davis; Appellant: Clinton Evans; Respondent: The Queen
Jurisdiction
United Kingdom
Judgment Date
18 October 2018
Procedural Posture
Criminal Appeal / Appeal to the Judicial Committee of the Privy Council From the Court of Appeal of the Bahamas
Outcome
appeal allowed
Legal Topics
Apparent Bias, Recusal of Judges, Right to Fair Trial, Impartial Tribunal, Criminal Procedure
Criminal Law Constitutional Law Apparent Bias Recusal of Judges Right to Fair Trial Impartial Tribunal Criminal Procedure

Case Brief

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Parties

Stephen Stubbs

Appellant

Andrew Davis

Appellant

Clinton Evans

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Judicial Committee of the Privy Council From the Court of Appeal of the Bahamas

Legal Issues

  1. 1 Whether a judge who presided over an aborted trial should recuse himself from sitting on an appeal against conviction in a subsequent trial on the same charges
  2. 2 Whether the participation of Isaacs JA in the appeal gave rise to apparent bias

Ratio Decidendi

The participation of Isaacs JA in the appeal, after having made final and significant rulings on the same issues in the aborted second trial, would lead a fair-minded and informed observer to conclude there was a real possibility of pre-judgment, thus giving rise to apparent bias and denying the appellants the appearance of a fresh and impartial appellate tribunal.

Court Disposition

appeal allowed

Orders

  • The decision of the Court of Appeal is quashed.
  • The case is remitted to the Court of Appeal for the appeals to be reheard.