Section 141: Perception of fair trial – Magistrate refusing change of plea and hearing

141. Perception of fair trial – Magistrate refusing change of plea and hearing case—The plaintiff made an application under section 17 (1) of the Constitution to stop the hearing of a criminal case by defendant No. 1(the trial Magistrate) on the basis that the continued hearing by her would deprive him of his right to a fair trial by an impartial court. Defendant No. 1 had earlier refused tha plaintiff an opportunity to change his plea to not guilty. The plaintiff had subsequently pleaded not guilty after the information was amended. HELD a fair minded and informed observer may genuinely feel that there will be a real danger of bias if the trial Magistrate continued hearing the case. A new trial of the plaintiff’s case was ordered before a different Bench of the Intermediate Court. Tannoo v Teelock (2)(2005).