'Inappropriate' for judge to preside in latest Rohan Dennis case, court heard

Lawyers for former Olympic cyclist Rohan Dennis have told a court it would be "inappropriate" for the appointed sentencing judge to preside over his case of driving while disqualified.Dennis, 36, appeared in South Australia's District Court on Tuesday after he pleaded guilty to driving while disqualified with his two children in the car earlier this year.He was given a suspended sentence and a five-year driving ban for the events leading up to a crash which killed his wife, Olympic cyclist Melissa Hoskins.In court today, lawyers for Dennis argued to have Judge Ian Press recused from the case given he was the original judge who handed Dennis his suspended sentence and driving ban.Rohan Dennis was reported by police for driving while disqualified in June. (Supplied: SA Police)The court heard that when Dennis was sentenced over the crash, Judge Press had cautioned him about the potential outcomes of not abiding by the conditions of his bond, including jail time.David Edwardson KC told the court today he was unaware of another instance where the same judge had presided over both sentences, describing it as "extraordinary"."When you sentenced him [Dennis] at first instance, in a fairly orthodox way, in a way that most judges and magistrates would always caution anybody who's disqualified from holding or obtaining a driver's licence about the potential consequences for a breach," Mr Edwardson said."Nonetheless, it is framed in fairly emphatic terms, in the sense that the inevitable outcome will be."Mr Edwardson said while the judge's comments were not inappropriate or incorrect, a fair-minded observer who heard the remarks at sentencing would be "genuinely concerned" about the potential for apprehended bias or a pre-determination."The perception at least, that Your Honour or the sentencing judge, might be personally affronted at the fact that having given an opportunity to a man, by way of suspended sentence and having given the caution or warning of the potential consequences, that of itself carries with it almost the inevitable outcome when this is not a mandatory situation.""In the circumstances, from every perception, it would be inappropriate for Your Honour to deal with this matter."David Edwardson KC (left) for Rohan Dennis (right) is seeking a judge recusal. (ABC News: Guido Salazar)Judge Ian Press told the court it was "just happenstance" that he was appointed to be the sentencing judge for the driving disqualified case.Prosecutors said there was nothing inappropriate or unusual about a sentencing judge hearing breach proceedings and Dennis was given a "standard warning" about complying with the conditions of his bond."The comments that Your Honour made in sentencing Mr Dennis can be understood as no more than Your Honour reiterating to him the importance of complying with the court orders," the prosecutor said."There's nothing in encouraging Mr Dennis to comply with the orders and explain consequences that indicates a pre-judgement on Your Honour's part."The matter will return to court next week.