High Court refuses application for order of certiorari quashing decision of Circuit Court judge not to recuse himself from hearing a retrial, where he had presided over an initial trial and decided a number of matters in the course of a voir dire, on the grounds that: (a) it was a significant factor that the jury was the ultimate arbitrator of guilt or innocence; (b) while it may be wise for a trial judge to step aside in view of a previous involvement, that is not to say that a failure to do so amounted to an error of law; (c) no issue arose in the case as to the legality of the rulings in the first trial; and (d) no objective bias had been established.
Application for order of certiorari quashing decision of Circuit Court judge to refuse to recuse himself in respect of the retrial of the applicant - judge had presided over initial trial where jury did not reach a verdict - allegation of objective bias - charges relating to the holding and disposing of waste likely to cause environmental pollution and under Finance Act - eight out of 15 days of initial trial taken up by voir dire concerning admissibility of evidence - issues as to powers of entry of An Garda Síochána, Revenue and the local authority - allegations that garda had deliberately misled District Court when seeking warrant and that Revenue officer had attempted to mislead the trial judge - allegation that warrant was defective - application to have case withdrawn from jury - whether reasonable observer would have reasonable grounds to apprehend that judge had pre-determined matters of facts such as the credibility and motivation of specific witnesses - whether reasonable observer would be concerned that the judge would be unconsciously affected by evidence, and his own assessment of evidence, from first trial - whether, if judge made the same determinations on the same or similar evidence, it would appear to a reasonable observer that he had pre-determined the matters in issue.