Attorney for F.I.U. is Confident Application for Magistrate’s Recusal Will Fail

Godfrey Smith

Senior Counsel Smith also gave us his take on the application for Magistrate Rogers to recuse herself of the case. Smith argues that the magistrate’s determinations and not the magistrate herself will be challenged in a judicial review; therefore the question of bias does not arise in this matter. Smith says he is confident the application for recusal will fail.

Godfrey Smith, Attorney for F.I.U

“Our position on that is judicial review proceedings where decisions of any tribunal are challenged, it is the decision, and it is not the magistrate personally. So, if I can draw an analogy which you may be more familiar with. If you go to court, two parties go to court, one side wins. The next side appeals to the court of appeals. The next side, what does he do? He defends the decision that went in his favor. There is no conflict there if the matter is sent back to the high court. So, it is not the magistrate in her personal decision, it is a decision that one is dealing. So, question of bias based on family connection, based on interest, doesn’t arise. There are established grounds for actual bias and appearance of bias. In this case the magistrate is not personally involved. It is the decision we are arguing about. So, I have no doubt that that application in the fullness of time will also not succeed.”

We will continue to follow this case.