Adams v Commissioner of Police

• Jurisdiction: Barbados
• Judge: Douglas, C.J.
• Judgment Date: 02 January 1981
• Docket Number: 1 of 1980
• Date: 02 January 1981
• Court: Divisional Court (Barbados)

Divisional Court

Douglas, C.J.; Worrell, J.

1 of 1980

Adams

and

Commissioner of Police

Appearances:

Dr. R.L. Cheltenham for the appellant.

Mr. C.C. Browne, Senior Crown Counsel for the respondent.

Practice and Procedure - Courts — Magistrate's Court — Allegation of bias and prejudice on part of magistrate — Recognised procedure laid down for challenging decision of magistrate on ground of bias or prejudice — Such allegations not to be made lightly

Douglas, C.J.

1 The appellant was convicted before a magistrate sitting at District “A” on three charges viz.-

• a) being armed with an offensive weapon with intent to commit a felonious act;

• b) assault: and

• c) using indecent language in a public place.

2 At the hearing before the learned magistrate the three charges were tried together. The prosecution called one witness, police constable Christopher Bowen, who testified that on the 20 ^th November, 1979 around 4.20 pm. he was on duty at Accra Beach dressed in plain clothes. There was a group of Rastafarians on the beach who were heckling him. Also present on the beach was the appellant. He had a knife cutting coconuts and he joined with the Rastafarians in calling the constable insulting names. The appellant also said words to constable Bowen to the effect that he hated him and that if they were alone on the beach he would kill him. The appellant then used indecent language. The constable spoke to the appellant whereupon the appellant approached him with the knife threatening to kill him. He moved away and telephoned for police assistance. Other police officers arrived and the appellant was arrested and charged with the three offences set out above. The testimony of this witness was unshaken when cross-examined by counsel for the appellant.

3 The appellant gave evidence in his own defence. He denied threatening constable Bowen with a knife or using indecent language. He said that he was on Accra Beach selling coconuts; and while he was on the beach there was an argument between constable Bowen and Rastafarians. He said that he spoke to Constable Bowen and he admitted making allegations concerning certain policemen.

4 The appellant has appealed against the decision of the learned magistrate on the following grounds –

• “(1) That the decision of the learned trial magistrate is erroneous in point of law.

• (2) that the decision is against the weight of evidence.

• (3) That some other specific error not hereinbefore mentioned and substantially affecting the events of this case has been committed during the course of the proceedings.”

5 Counsel for the appellant submits that the approach by the learned magistrate was contrary to proper judicial practice and alleges bias and prejudice on the part of the learned magistrate. Nothing has been put before this Court in support of these allegations and in any event there is a recognised procedure laid down in our law which should be followed if it is intended to challenge the decision of the magistrate on the ground of bias or prejudice. This course has not been followed. Furthermore allegations of bias or prejudice should not be lightly made against a magistrate and this Court views with disfavour the making of such an unwarranted attack on the learned magistrate.

6 Counsel further submits that in giving his reasons for his decision the magistrate failed to say what it was that made the evidence of the appellant unreliable and e contends that there is nothing in the reasons which support the impression of the learned magistrate that the appellant's demeanour was “shifty”. He therefore urges that this court should reverse the...