Exposed: Bias Judges acting in cases they should withdraw from daily in Ireland, not impartial

Judges are not impartial when hearing cases in Ireland breaching people's fundamental rights to a fair hearing 

UTE Saur Vallnet v. Andorra


https://www.coe.int/en/web/impact-convention-human-rights/-/a-second-chance-at-justice-for-saur-vallnet-enterprise-denied-a-fair-trial

A second chance at justice for Saur Vallnet enterprise denied a fair trial

Judgment of the European Court of Human Rights

The European court ruled that Saur Vallnet was justifiably concerned about the Andorran judge’s impartiality and this amounted to a violation of the company's right to a fair trial.

In the European court's view, the company was still affected by the 2009 appeal judgment despite the Andorran court having confirmed its doubts about the tribunal’s lack of impartiality.


Micallef v. Malta

The close family ties between the opposing party’s advocate and the Chief Justice sufficed to objectively justify fears that the presiding judge lacked impartiality.

Judgment of the European Court of Human Rights

The European court ruled that the close family ties between the opposing party’s lawyers and the presiding judge justified fears that the judge lacked impartiality. This breached Mrs M.’s right to a fair trial.

The court noted that under Maltese law at the time, there was no automatic duty for a judge to withdraw from cases where impartiality could be an issue. There was also no way for a person to request that a judge should not hear their case when they were related to the other side’s lawyers.

Case highlights the need to protect the impartiality of judges

https://legalblog.ie/independent-court-tribunal/


The judges adopted this approach amid Ms Burke’s continued protestations over their earlier rejection of her application asking the president of the Court of Appeal, Mr Justice George Birmingham, to recuse himself from hearing her appeal.

She claimed a reasonable person would have a reasonable apprehension of bias and fear there would not be a fair trial from an impartial judge.

https://www.irishexaminer.com/news/courtandcrime/arid-41379682.html

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