Warren v Queen [2013] PNCA 1; CA1.2012 (12 April 2013)

IN THE COURT OF APPEAL OF THE PITCAIRN ISLANDS
CA 1/2012

BETWEEN

MICHAEL WARREN
Appellant

AND

THE QUEEN
Respondent

Hearing: 11 – 14 March 2013 (at Auckland High Court)

Coram: Robertson P
McGechan JA
Potter JA

Counsel: T Ellis and G Edgeler for Appellant
K Raftery and S Mount for Respondent

Judgment: 12 April 2013 at 11.30 am
(at British High Commission, Wellington)

JUDGMENT OF THE COURT

Table of Contents

	Para No
Introduction	[1]
Background	[2]
The Court chronology	[13]
Pre-appeal hearing position	[20]
Progress of the hearing	[23]
Joint judgment of McGechan and Potter JJA on the President's recusal
The application	[30]
Decision process	[32]
Grounds of application	[34]
The Law: Bias or apparent bias	[37]
Ground 1: Procedural minute paragraph [1] – determination of venue	[44]
Ground 2: Bail appeal paragraph [18] – European Convention on Human Rights	[53]
Ground 3: Bail appeal paragraph [9] – no constitutional issue	[58]
Ground 4: Bail appeal – Presiding Judge