005052.
Bench, does not per se raise any reasonable doubt as to the impartiality of the Review
Bench to correct any errors found.
120.
Onthe personal bias of judges, the Court notes that there is no evidence on record
showing
that the judges
were
predisposed
or had
preconceived
bias against the
Applicant, which would lead to a reasonable conclusion they would not render a
decision.
Bench
fair
In fact, the judges who sat at the Ordinary Bench and later at the Review
were the same judges who
unanimously
rendered
the decision, which was
interpreted by the Applicant to be in his favour, when they ruled that his matter should
be examined by the High Court. Therefore, the Applicant’s contention that the Review
Bench was partial is based on a misapprehension that is neither justified nor objective.
121.
In view of the above,
Bench of the Supreme
the Court concludes
that the composition
of the Review
Court by judges who had participated in the Ordinary Bench
does not call into question the impartiality of the Review Bench.
b) Whether
the
remarks
made
by
Justice
Dotse
call
into
question
the
impartiality of the Review Bench of the Supreme Court
122.
The Applicant alleges that his right to be tried by an impartial court has been
violated by the Respondent State because the lead judgment of the Review Bench
was drafted by Justice Dotse who
had expressed
biased opinions in a concurring
judgment,
In this regard,
the Applicant
at the
Ordinary
Bench.
avers
that in his
concurring opinion at the Ordinary Bench of the Supreme Court, Justice Dotse alleged
that the Applicant had no contract with the Respondent State and as such, was not
entitled to the money
that was
paid to him.
Moreover,
in the same
opinion,
Justice
Dotse stated that the Applicant had formed an alliance with another party, Waterville
to “create, loot and share the resources of the country as if a brigade had been set up
for such an enterprise.” and further referred to the Applicant as being at the centre of
“the infamous Woyome payment scandal”.
A,