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Applicant’s recusal and special‑entry claims based on hearsay and alleged conflict dismissed as contrived.
Criminal procedure – recusal – apprehended bias – objective test requiring reasonable apprehension by an informed, fair‑minded person – hearsay allegations insufficient. Criminal procedure – s 317(2) application for special entry – alleged conflict of interest and denial of cross‑examination – must be supported by record and credible evidence. Evidence – hearsay and late affidavits – not admitted where opportunistic, untested and aimed at delaying trial.
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4 February 2013 |