Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
In the Ohashi case in 1946 before the Australian Military Court at Rabaul, the judge advocate stated that one of the fundamental principles of justice was:
Consideration by a tribunal comprised of one or more men who will endeavour to judge the accused fairly upon the evidence using their own common knowledge of ordinary affairs and if they are soldiers their military knowledge, honestly endeavouring to discard any preconceived belief in the guilt of [the] accused or any prejudice against him.