COURTS AND JUDGES — apprehended bias — claim for prerogative or appellate relief following refusal by Magistrate to disqualify himself — publication in newspaper of articles reporting criticisms by Aboriginal Legal Service ("ALS") of sentencing in Local Courts in north-west New South Wales — Magistrate thereafter wrote letter to national newspaper and gave interview to journalist — Magistrate commented on range of topics including incidence of domestic violence in Aboriginal communities and the plea of not guilty rate for persons represented by ALS — newspaper published articles reporting Magistrate's comments — Plaintiff an Aboriginal person charged with and pleading not guilty to breach of apprehended domestic violence order — Plaintiff represented by ALS — application that Magistrate disqualify himself on ground of apprehended bias — application refused by Magistrate — factors relevant to disqualification application — material known to fair-minded bystander — relevance of Guide to Judicial Conduct — relevance of judicial oath — relevance of judicial statements concerning domestic violence in Aboriginal communities — relevance of comments made by Magistrate in peremptorily dismissing disqualification application in another matter — comments of Magistrate in letter and interview expressed in vehement and trenchant terms — cumulative effect of matters complained of — errors of law in decision refusing application — apprehended bias established — prohibition granted
Case Details
Citation[2013] NSWSC 1425
CourtNSWSC
JurisdictionNew South Wales
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