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LQ: The CPA
#11

Can Justice Farengeto give an estimated time as to when the determination of the justiciability of the appeal will be released?




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#12

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HCLA 1701
12 December 2017
Determination of Appeal Validity
 
Whereas Belschaft requested an appeal on the ruling of HCLQ1712 on the grounds of judicial misconduct and contradiction of law.
 
Whereas this Court has conducted a careful review of the merits of such a request on the basis of its legal necessity and potential to impact present and future policies.

It is resolved with respect to this Appeal as follows:
  1. It is deemed to be not valid.
  2. On the matter of Judicial Misconduct, it is the opinion of the Court as the Presiding Justice in HCCC1701 Justice Kringalia is a neutral party in the case. The Justice should therefore have no personal investment in the outcome of HCCC1701, and ruling on this subject should have no impact on Kringalia's rulings in HCCC1701.
  3. On the matter of Contradiction of Law, it is the opinion of the Court that no contradiction exists. Article 3, Section 2, of the Charter makes no judgement on the structure of these trials, and the Court finds no abridgement of the right to a fair trial created by HCLQ1712.
 
Farengeto
Pool Justice
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