Reasonable observer would not entertain a reasonable apprehension of bias on the part of tribunal chair

Court of appeal – objective bias – member of An Garda Siochana applied to transfer to Donegal to pursue a personal relationship - brother of his partner unlawfully drove a motor vehicle at high speed while escaping lawful apprehension by gardaí and collided with a garda patrol car killing a guard – awaiting trial when member of An Garda Siochana transferred - superiors were unaware of his relationship with the sister of the accused person – source of bad feeling – transferred against his wishes – complaint by his partner – Tulsa investigation - protected disclosures tribunal - interim reports of the Disclosures Tribunal highly critical of the guard - became aware for the first time of two newspaper articles which allegedly gave rise to appearance of bias on the part of the tribunal chair – chair acted as counsel in previous tribunal involving commanding officer - correspondence prior to proceedings – affidavits - judgment of the High Court - No reasonable person with knowledge of all relevant facts could have a reasonable apprehension that as regards the matters that were investigated in the second interim and third interim reports of the Disclosures Tribunal that the guard did not have a fair hearing - Grounds of Appeal - acquiescence or waiver - an allegation in bias ought not be made without a sufficient factual basis - no evidence before the High Court of any form of a day to day working relationship let alone any relationship that could give rise to objective bias - burden of proof – objective bias - requirement of a ‘cogent and rational link’ between the judge’s past associations and the capacity of those associations ‘to influence the decision to be made’ seems to me to fulfil the requirement that the applicants’ apprehension should be both reasonable and realistic and I respectfully adopt it as a correct analysis test in the present case - singular lack of clarity in the guard’s case – evidence before the High Court - cannot see how any reasonable person, apprised of these facts, which must be assumed, could entertain a reasonable apprehension of bias on the part of the judge/chair arising from the clarification statement - no evidence of relationship alleged – duty of candour - no doubt that the reasonable observer would not entertain a reasonable apprehension of bias from these facts – whether the chair of the tribunal should have sworn the affidavit - undesirability of judges swearing affidavits – judge’s prohibited from being named - undermine judicial independence and indeed the rule of law itself - inimical to the administration of justice and contrary to the public interest - doctrine of waiver – officer’s involvement in the Disclosures Tribunal – appeal dismissed –