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Application for judicial review dismissed; decision not to assign replacement military judges was reasonable.
The Director of Military Prosecutions applied for judicial review of a decision by the Deputy Chief Military Judge not to assign a replacement military judge to preside over the court martial of the Chief Military Judge following a recusal.
The Federal Court held that it had jurisdiction to review the decision and dismissed the application, finding that the decision not to assign another judge due to reasonable apprehension of bias and language constraints was reasonable.
