Chief Magistrate Dismisses Recusal Bid in Hezekiah Parker Jr. Case

Ngaio Emanuel on Monday dismissed an application for her recusal in the case against Hezekiah Parker Jr., who faces firearm, ammunition and drug charges stemming from a January 10 police raid at his Cedar Valley Heights home.

Parker had pleaded not guilty to possession of a firearm, possession of ammunition, possession of cannabis and possession of cannabis with intent to transfer, after police allegedly found a Smith & Wesson .380 pistol with seven rounds of ammunition and about 100 grams of cannabis.

The recusal request followed a sentencing indication given in chambers after Parker’s attorney sought guidance. The defence argued that, having heard the facts, the Chief Magistrate should step aside. The Director of Public Prosecutions opposed the application.

In her ruling, Emanuel said recusal requires evidence that a reasonable person would perceive a real possibility of bias, noting that judges are presumed impartial absent specific facts to the contrary. She explained that a sentencing indication reflects a hypothetical maximum sentence and does not amount to a finding of guilt or acceptance that the prosecution has proved its case.

Finding the standard unmet, Emanuel dismissed the application. Parker then changed his plea to guilty on the firearm, ammunition and simple possession of cannabis charges. The prosecution withdrew the charge of possession of cannabis with intent to transfer.

Parker remains on remand. The case was adjourned to Tuesday for mitigation submissions ahead of sentencing.

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