Judge Willis (Hansard, 16 February 1999)

§ Mr. Hoon

The circumstances of this matter have so far as possible been fully investigated by the Lord Chancellor. Following a series of related cases being heard by Judge Willis in late 1996, an allegation of bias was made by the prosecution, who proposed to make application to the senior Presiding Judge of the Western Circuit in open court for the appointment of another judge to hear the case of R.v. Sparkes which Judge Willis was due to try. The Presiding Judge was then engaged in a highly publicised trial attracting much press interest. He was of the opinion that no matter how fanciful the substance of the allegation it was undesirable that the application should be made. With (as he understood) the concurrence of the Recorder of Bristol and Judge Willis, he accordingly arranged for another judge to conduct the trial in R. v. Sparkes. He did so knowing that, if the Defence objected, they could apply to have Judge Willis reassigned to the original case. This is what, in the event, happened.

The Lord Chancellor has informed the then Presiding Judge that he does not believe the matter was dealt with as it should have been. An allegation of bias should in his judgment be addressed in open court, or at least with all the parties present in chambers. In some circumstances, such an application might be made to the judge against whom bias is alleged.

Unfortunately, Judge Willis died before the Lord Chancellor had completed his investigations and before any question of any apology could be considered. The Lord Chancellor would however wish to make plain that there was never any ground to question the integrity of the late Judge Willis, which remains wholly untarnished and the Presiding Judge never for a moment thought otherwise.