Regina v Andresen [1997] SBHC 18; HC-CRC 037 of 1996 (10 April 1997)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 37 of 1996

REGINA

v

EDMOND ANDRESEN

Before:fore: LUNGOLE-AWICH, J

Hearing: 10 April 1997 - Ruling: 10 April 1997

Counsel: DPP for the Crown, A Radclyffe for the Accused

RULING

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Case is adjourned to 9.00 am on 17.4.1997. Application granted. I recuse myself. In this jurisdiction, even in civil cases, the test is whether on the facts there is an appearance of bias; there need not be actual bias. Often where accused has not objected it has worked against him on appeal.

The case will be called up for mention on 17.4.1997 at 9.00 am. I mention here that I would have no difficulty at all in assessing the facts in the accused's case and in view of the fact that there are not many judges in the jurisdiction, should accused change his mind I shall be available to try the case. I however, state here that if accused, because of the fact that I have tried his cabinet colleagues, will feel during the trial that he will not be getting a fair trial, his mind be given peace during the trial.

Dated this 10th day of April 1997

At the High Court, Honiara

Sam Lungole-Awich,
Judge