that it was to form an unbiased independent judgment of his own on the evidence

That it was to form an unbiased independent judgment

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that it was to form an unbiased independent judgment of his own on the evidence as it was given before him nor is there anything to suggest that he failed in any way in doing his duty. I am not at all sure what Lord O'Brien C.J., had in his mind in referring to "an operative [*130] prejudice, whether conscious or unconscious" in the Irish case [1908] 2 IR 285 294 that has been mentioned (but of which I have not seen the report). Here, however, I can find no evidence of anything of the sort and it would be wrong to speculate as to the bare possibility of its existence. It has long been a forensic commonplace that it is impossible for a Court to know the conscious mind of man. How then can we know what is in his unconscious mind which is something he himself does not know? In all the circumstances of the present case I should have thought if there was any question of unconscious bias it would be an unconscious bias in favour of Inspector Kanda resulting from the efforts of an honest man (there is no suggestion that Mr. Strathairn is not an honest man) to do his duty and not allow himself to be affected by improper considerations. It is most unfortunate that the case of Pearce supra was not brought to the notice of the learned trial Judge. And of course Reg. v . Duffy supra, was not decided until after the present case. Had those cases been available to Rigby J., and had he in the light of them applied the test of whether, in the words of Slade J., there was a "real likelihood of bias" or whether, in the words of Lord Parker, there was "a real risk as opposed to a remote possibility" of a fair
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Page 12 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA hearing being prejudiced, it is at the lowest possible that, as I do now, he would have answered the questions embodied in these tests in the negative. In all the circumstances of the case I would allow the appeal and make an order in favour of the appellant for costs here and in the Court below and I would formally dismiss Inspector Kanda 's cross-appeal. HILL JA This is an appeal by the Government of the Federation of Malaya against the decision of the High Court, Penang, in Civil Suit No. 232 of 1959 given on the 24th March, 1960. The respondent was the plaintiff in the Court below. His substantive rank in the Police Force was that of Police Inspector. On the 7th day of July, 1958, he was dismissed from the Police Force by the then Commissioner of Police. The respondent claimed a declaration that his dismissal from the Federation of Malaya Police Force purported to be effected by one, Mr. W. L. R. Carbonell, the then Commissioner of Police of the Federation of Malaya on the 7th day of July, 1958, was void, inoperative and of no effect and that he was still a member of the said Police Force.
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