Where there is plausible evidence of an out-of-court statement by a judicial officer which is disputed, a court exercising supervisory jurisdiction need not resolve the factual dispute before applying the fair-minded observer test; the test should be applied taking into account the existence of the dispute. Statements by a judge at a social function expressing general views about the seriousness of a category of offending, even in extreme or hyperbolic terms, do not give rise to a reasonable apprehension of bias where the views are not directed to a particular case or litigant and the fair-minded observer would expect the judge to put such views aside consistent with judicial training and function.
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