Appendix [Original: French] Individual opinion of Ms. Christine Chanet. Mr. Kurt Herndl. Mr. Francisco Jose Aguilar TTrbina and Mr. Bertil Wennerqren pursuant to rule 94, paragraph 3. of the Committee's rules of procedure, concerning the Committee's views on communication Ho. 240/1987. Willard Collins v. Jamaica From our point of view, irrespective of the content and impact o£ the remarks attributed to Judge G. in the course of the proceedings, the fact that he had taken part in the proceedings in the Portland Magistrates Court in 1981 gave him a knowledge of the case prior to the trial. And this knowledge necessarily related to the charges against the author and the evaluation of those charges and of his character, since the purpose of the Magistrate's Court hearing was indictment and transfer. In our opinion, therefore/ his appointment to preside over the second trial of the author in the Kingston Home Circuit Court in October 1983 was incompatible with the requirement of impartiality in article 14, paragraph 1, of the Covenant. It is for the State party to decide on any incompatibility between the different judicial functions and to enforce its decision, so that a magistrate who has been involved in one phase of the proceedings concerning the pertinent albeit preliminary evaluation of charges against a person, may not take part in any capacity whatsoever ia the trial of that person on matters of substance. Failing that, there is a violation of article 14, paragraph 1. our opinion in this particular case. C. K. F. B. -231- Such is CHANET HEKKDL AGUILAR URBINA WENNERGREKf