Forshaw says Whipple LJ should disqualify herself on grounds of apparent bias. She says it's an uncomfortable application to make, & she has thought carefully about it. She apologises for the discomfort, but not for making the application.
Forshaw: The only reasonable inference for Whipple LJ being drafted in at 11th hour on instruction of senior presiding judge, is that senior judges were unhappy with 2 previous rulings from Judge Raynor (refusing to extend CTLs) & wanted to avoid him making another similar ruling
Forshaw: Impact greatly undermines the principle of judicial independence.
Forshaw asks for disclosure of correspondence between the senior presiding judge (Lady Justice Thirwall) & resident judge at Woolwich (Chris Kinch QC) judge, so the appearance of bias can be removed.
Prosecution opposes application.
Lady Justice Whipple refuses application to disqualify herself - written reasons to follow.
Forshaw asks for a stay to allow her to review the decision. Whipple refuses -- says Forshaw can appeal in the normal way. Whipple moves on to consider prosecution application to extend custody time limits.
I'm afraid I'm ducking out now, as it's my dad's birthday and I'm not supposed to be working. Thanks to Woolwich crown court for efficiency of videolink, which allowed me to listen in from the Isle of Wight.
Hearing at Woolich crown court risen for 10 mins, as judge mindful of tiring impact of hearings via videolink. Now, I really have gone.
P.S. I'm told I prematurely promoted Whipple in an earlier tweet, she is Mrs Justice, not Lady Justice Whipple.
P.P.S. I forgot to tag @SarahForshaw1 -- the defence barrister making the application -- in this thread.
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