114.
Furthermore,
the
Respondent
State
submits
that the Supreme
Court was
not
specifically constituted to try this matter and there is no evidence of manipulation or
influence
from
the
Executive.
The
Respondent
State
consequently
contends
that
neither the composition of the Court nor an examination of the entire proceedings at
the Supreme
Court discloses a violation of the Applicant’s
right to be tried by an
impartial tribunal.
KKK
115.
The Court notes that it is not in dispute between the parties that the eight (8) of the
judges of the Ordinary Bench also sat in the Review Bench
consideration of the same matter in question.
and participated in the
The point of disagreement between the
Parties and the main issue for determination by this Court is whether the composition
of the Review Bench, the majority members who were also part of the Ordinary Bench,
casts
doubt
on
the
impartiality
of the
tribunal
to the
extent
that
one
could
not
reasonably expect a fair decision.
116.
The Court observes that in order to determine the issue at hand,
the common
distinction between
appeal
and
review proceedings.
it should
recall
While an appeal
involves a petition to a higher court or tribunal, a review relates to a petition before the
same tribunal which made the decision being challenged
changes
in the
number
of judges
constituting
the
in the petition, often with
bench.
The
right
to
appeal
presupposes that the appellate tribunal must be higher in authority and different in its
composition from the tribunal whose decision is appealed against, but in contrast, a
review is usually considered by a special bench of a court which has already examined
a matter with a view to correcting any error found.