Proceedings Shall Be Tried Before Another Judge

May 23, 2022

Supreme Court Justice Shade Subair Williams has recused herself from the court proceedings related to former Premier Dr. Ewart Brown, with the ruling — which was the second application – saying, “I grant the application for my recusal and direct that these proceedings shall be tried before another judge.”

The ruling [PDF] said, “This is a second application for my recusal. It is grounded on new evidence and follows the previous written ruling of this Court made on 10 September 2021 [PDF] whereby I rejected the first application for my recusal. Both recusal applications concern complaints of apparent bias rather than actual bias.

“In light of the sealing order made, I am restricted from providing any narrative which publicly outlines any of the details of the new evidence. However, it can be safely said that the evidence was intended by Dr. Brown to be supportive of his contention that there is and continues to be a strained personal and professional relationship between him and my father, Dr. H.O. Subair

“I find that in order for justice to be both done and seen to be done, I am now compelled to err on the side of caution and grant the application for my recusal on the basis that a fairminded and informed observer would likely find that there is a real risk that I would be partial against an Accused person who has filed evidence suggestive of a long-standing and reciprocal feud between him and my father.

“I grant the application for my recusal and direct that these proceedings shall be tried before another judge.

“Arrangements shall be made by or on behalf of the DPP, in corresponding with the Registry, for the criminal proceedings in this matter to be listed in an upcoming Court session for mention.”

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