So, having decided that an imaginary “fair-minded lay observer” could not reasonably find that he might be biased (by agreeing to give a talk to a Liberal lawyers’ function), Royal Commissioner John Cleese has determined that he should not step-down from his position (‘Trade Union Royal Commission: Dyson Heydon saves his own skin’, Canberra Times, 1 September 2015).
Some might argue that the merits of Cleese’s decision could easily be tested by counting-up the number of accused facing our nation’s courts who would find themselves guilty, if the decision was left up to them. Others might apply the “pub test”, so as to reasonably avoid the likelihood that our nation’s jails would be emptied overnight & thus proving yet again that the law really is an ass.
– John Richardson, CLA member, Wallagoot NSW