David Eastman; Australia; David Eastman has lost his motion to force Judge Anthony Whealy to recuse himself from deciding whether his second trial will go ahead, because of Whealy's relationship with Michael Adams Q.C. - the man who ran the prosecution at the original 1995 trial. The ACT Times; "Acting Justice Whealy also handed down his reasons for upholding the claims of federal and Victorian police to keep aspects of sensitive evidence secret."

GIST: "David Eastman failed a bid to remove the judge from sitting on his application to stay his second trial. David Eastman has failed to force a judge to stand aside from deciding whether his second trial for Colin Winchester's murder will go ahead. Eastman tried to have Acting Justice Anthony Whealy recuse himself because of his links to the man who ran the prosecution at the original 1995 trial.   That prosecutor, Michael Adams, QC, went on to become a NSW Supreme Court judge and worked for about  10 years with Acting Justice Whealy, the man deciding Eastman's fate now. Eastman never alleged that the pair's relationship would influence Acting Justice Whealy in any way, but said members of the public might perceive bias.   That prompted Eastman to launch a bid to remove Acting Justice Whealy from sitting on his application to stay his second trial.  The stay application might require Acting Justice Whealy to make findings about the conduct of his former colleague leading up to and during Eastman's 1995 trial. But Acting Justice Whealy dismissed the application on Friday afternoon, saying he was satisfied that the "fair-minded lay observer" would have no reasonable apprehension that he would be biased......... Mr Adams was cleared last year of any improper conduct during the inquiry into Eastman's conviction. Acting Justice Whealy also handed down his reasons for upholding the claims of federal and Victorian police to keep aspects of sensitive evidence secret."