Bain Rejects Recusal Bid In Nygard Cases


Tribune Staff Reporter


SUPREME Court Justice Rhonda Bain has rejected Keod Smith’s application to recuse herself from hearing Peter Nygard cases.

It is not the first time she has made such a ruling. Late last year she ruled that Mr Nygard gave “no cogent reasons” for his claims of bias and said there is consequently “no basis” for the recusal as he asserted.

She added that a “fair-minded and informed observer” considering all circumstances would not conclude the court is biased against him.

Justice Bain further noted in her ruling the substantive matter has been delayed by the “numerous” interlocutory applications and applications for her recusal, adding this most recent ruling is the 26th to date, and that there are still approximately 20 outstanding applications in the matter.

The latest ruling against Mr Nygard means the court could move on with its outstanding interlocutory applications and the hearing of the substantive application for judicial review.

The judge said: “The court is not minded to adjourn this matter causing any further delay. As indicated earlier in ruling 26, there were 20 outstanding preliminary applications at that time – some of those are applications by the sixth respondent. However the court is unable to hear any preliminary application while the recusal applications are outstanding. As the recusal applications challenged the jurisdiction of the court, the court is mandated to deal with the the recusal applications before hearing the other outstanding applications. In order to proceed with all the outstanding applications the court shall set a directions hearing to make directions with respect to the hearing of the preliminary applications. The court sets Monday, February 4, 2018, 10.30am for a directions hearing.”

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