In proceedings at a Police Orderly Room the Adjudicating Officer is acting at

In proceedings at a police orderly room the

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In proceedings at a Police Orderly Room the Adjudicating Officer is acting at the very lowest in a quasi-judicial capacity. That being so the most suitable test to be applied in the present case is probably to be found in the judgment of Slade J., in the case of Regina v Camborne Justices & Anor Ex parte Pearce [1955] 1 QB 41 ; [1954] 3 WLR 415 ; [1954] 2 All ER 850 . After considering a number of cases including Rex v . Justices of Queen's County supra, His Lordship said (at p. 51):— "To disqualify a person from acting in a judicial or quasi-judicial capacity upon the ground of interest (other than pecuniary or proprietary) in the subject-matter of the proceedings, a real likelihood of bias must be shown". Again, with regard to the possibility of a judicial officer being influenced by the opinions of others I would quote the words of Lord Parker C.J., in the case of Reg v Duffy Ex parte Nash [1960] 3 WLR 320 where His Lordship said (at p. 327):— "The question always is whether a Judge would be so influenced by the article that his impartiality might well be consciously, or even unconsciously, affected. In other words, was there a real risk, as opposed to a remote possibility, that the article was calculated to prejudice a fair hearing?" With regard to this question of whether there was any real likelihood of Mr. Strathairn being prejudiced in any way by having sight of the report of the Board of Inquiry I would repeat some of what I have said in relation to Inspector Kanda . Mr. Strathairn was a Police Officer and having reached the position of being Chief Police Officer in the State of Penang it is safe to assume that he was a Police Officer of very long experience and one very familiar with the organisation and ways of the Police Force, even although as he himself admitted in evidence this was the first occasion on which he had acted as Adjudicating Officer in a case of this sort. By reason of having seen the statements made before the Board of Inquiry, which it was necessary he should see by reason of the nature of the procedure at a Police Orderly Room and having seen the charges on which he was instructed to adjudicate he would have been well aware of the contents of the Board's report even if he had not seen it. Some of the actual words used by the Board are perhaps peculiar. The actual words, however, are of little importance. To any experienced Police Officer, to Mr. Strathairn and to Inspector Kanda alike, given the statements and given the charges it was as clear as a pike-staff that the Board had formed the opinion that Inspector Kanda had played a leading part in an attempt to produce what would have been a miscarriage of justice. That in the nature of things was unavoidable. The truth, however, is that there is not a scrap of evidence to show that Mr. Strathairn had any sort of personal bias against Inspector Kanda . He had the benefit, which the Board of Inquiry did not have, of having the witnesses cross-examined by Inspector Kanda . There is nothing to suggest that he was not well aware of what his duty was,
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