Acted as both ‘prosecutor and judge’

  Although Thrace may not have acted as both ‘prosecutor and judge’, and was not necessarily a ‘moving force’ in establishing the initial breach, the principles of Isbester nevertheless appear to inform and illuminate the existence of a conflict. As the member of a Tribunal which unanimously ruled against Adama, Thrace found that the intern had engaged in ‘continual lies and misrepresentations’ at ‘every opportunity’ in breach of the Act. That Thrace was subsequently required, at the re-engagement interview, to ‘confirm’ whether Adama understood those same rules, which involves ‘establish[ing] the truth’, may lead a ‘fair-minded observer’ to perceive a conflict of interest.