4/6/2011
START DATE
END DATE
20-Apr-11
Lyndon Raynor (Police Constable) v. Kyril Marshan Burrows
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Appellate Jurisdiction Bias
Richard Ground
Mr. L. Burgess
Mr. R. Horseman
FACTS OF THE CASE:
The case was an appeal against an acquittal on charges including using a forged instrument and obtaining by deception. The appeal focused on alleged bias by the acting magistrate who had prior professional involvement with a prosecution witness.
SUMMARY:
Whether the magistrate's prior involvement with a prosecution witness constituted bias that should have led to recusal.
OUTCOMES:
The appeal was dismissed reinforcing the principle of finality in acquittals and emphasizing the importance of appearances of bias as well as actual bias.
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Lyndon Raynor (Police Constable) v. Kyril Marshan Burrows
The case was an appeal against an acquittal on charges including using a forged instrument and obtaining by deception. The appeal focused on alleged bias by the acting magistrate who had prior professional involvement with a prosecution witness.