MALAYSIAN banker Lorrain Osman is asking the High Court to quash magistrate Mr Hugh Sinclair's refusal to give him bail after the magistrate was seen talking to a Crown counsel and co-defendant George Tan Soon-gin's barrister after last week's hearing. Osman alleges that Mr Sinclair was raising the possibility of asking the London Queen's Counsel in the case, Mr Clive Nicholls, to give him a reference after he retires from the judiciary next year. It is claimed that the alleged attempt by Mr Sinclair to solicit a personal favour from leading counsel for the Crown, shortly after giving two decisions in the Crown's favour, gives rise to a reasonable suspicion of bias. Osman claims justice was neither done, nor seen to be done. His solicitor, Mr Colin Cohen, said yesterday: ''I think it reflects the words that Osman used in his bail application that question marks concerning the fairness of the trial may very well be raised.'' Mr Cohen, who saw the conversation and asked counsel immediately what was being discussed outside court in his absence, yesterday obtained leave from Mr Justice Barnett for a judicial review of Mr Sinclair's two decisions in the Osman/Tan case on the grounds of breach of natural justice. At that review, which Mr Cohen hopes will take place next month, he is also seeking to quash Mr Sinclair's adjournment of the case for four months last week, an application opposed by Osman. Mr Cohen also wants an order directing a magistrate to appoint a return day so Osman can have a paper committal to the High Court for trial. Mr Nicholls has for seven years acted for the Crown during Osman's fight against extradition from London to Hongkong. The two decisions challenged by Osman were: December 22. After a two-day hearing, Mr Sinclair rejected Osman's application for bail which was opposed by Mr Graham Grant, for the Crown. January 14. Mr Sinclair granted Mr Nicholls' application for a four-month adjournment which had been opposed by Osman who wanted to proceed more quickly. Osman claims that after the January 14 hearing Mr Sinclair, still wearing his judicial gown, approached Mr Graham Harris, Mr Nicholl's junior at the hearing, and Mr Gary Alderdice, who was appearing for Tan. It is alleged Mr Sinclair said he wanted to mention something that had nothing to do with the case, and whether they thought it would be improper for him to give Mr Nicholl's name as a referee. Mr Alderdice suggested that Mr Sinclair should ask Mr Nicholls directly, it is further alleged. But Mr Harris said he thought it better if he asked. Osman submits that Mr Sinclair's orders were breaches of natural justice and of Articles 10 and 11 of the Bill of Rights, which provide for fair and public hearings on criminal charges. It is understood that since the matter has been raised, Mr Sinclair has agreed that the case should not be brought back before him on May 14, as was earlier intended. Former Malaysian lawyer, Osman, 61, who fought extradition to Hongkong for over seven years, has now been moved to Stanley prison, where he is in the hospital wing. Osman, who was chairman of Bumiputra Malaysia Finance Ltd (BMFL), faces fraud and bribery charges involving millions of dollars in connection with US$800 million (HK$6.18 billion) in loans made by BMFL to the now defunct Carrian group. Mr Sinclair, 50, joined the judiciary almost 11 years ago. Prior to that he was Crown counsel in the legal department.
