Avoidance means that judicial personnel are not allowed to handle the case due to a special relationship with the case or the parties to the case. The purpose is to prevent favoritism or bias, so as to facilitate the fair trial of the case.
According to the above definition, which of the following is not an avoidance?
A wrongly injured B and sued to the court. In the first instance, A was sentenced to fixed-term imprisonment of 2 years. A appealed against the judgment. After the court of second instance accepted it, a collegial panel was formed. The clerk of the collegial panel was just transferred. He gave evidence for the victim in the first instance of the case. A proposed to the court that the clerk should be avoided.