because of a bias, had his appeal against the sentence granted in Supreme Court yesterday.

Vincent Whitter, of Hermitage Road, told Puisne Judge the Hon. Mr. Justice Ward that the Wor. John Judge had found him guilty of driving while disqualified without first hearing the facts.

Whitter, 28, said that he was first disqualified from driving all vehicles in November 1990 by the courts.

In May of 1991, Whitter said he was brought before the courts again after officers wrongly accused him of riding while disqualified.

Whitter said that before Mr. Judge was even heard the facts, he asked about his previous convictions and placed him on $1,000 bail with one surety.

"Right is right and wrong is wrong and I believe I have been served injustice in this case here,'' he told Mr. Justice Ward.

Crown counsel Mr. Mark Pettingill argued that the magistrate had a duty to weigh the evidence presented by the witnesses and did not see where such a disclosure could prejudice Whitter's case.

However Mr. Justice Ward ruled that a new trial should be granted after hearing that Whitter had asked to have Mr. Judge removed.

"There is evidence on record that he raised certain concerns,'' he said.

"Although (one) cannot object (to the magistrate) the issue should be avoided in case of bias.''