declaring the
~issue
as res judicata, the Supreme Court of Appeal was in
effect maintaining the view it had taken in its judgment of 12 July 2004.
29.
To bolster his case regarding the alleged violation of Article 7 of the
Charter, the Applicant made several unsubstantiated allegations against
some of the judges, some of which allegations are not worthy of
repeating here. He alleged, for example, that one of the judges of the
Supreme Court of Appeal was the biological father of one of the
students who had lodged complaints against him. During the hearing
and in response to a question by this Court, counsel for the Respondent
pointed out that the allegation was not true; the Applicant was unable to
dispute this. Again , without any
substantiat~ion,
the Applicant ascribed
prejudice against Judges and the Registrar, and in some instances,
used unbecoming language in criticizing some judgments.
Respondent's case
30.
Preliminary Points:
The Respondent has raised two preliminary
points.
30.1 The first point relates to the admissibility of the application , namely,
that the application is not admissible as the matter is already before
the Commission, and therefore that it is sub judice before the latter. In
this respect, Respondent argues that it would be undesirable to allow
litigants some forum shopping.
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