The high court in Suva has again dismissed a bid by the Fiji Labour Party leader, Mahendra Chaudhry, to have Justice Madigan to recuse himself.
This comes as the trial opened of Mr Chaudhry who is alleged to have breaches Fiji's Exchange Control Act.
FBC News says Mr Chaudhry claimed there were new facts showing that Justice Madigan had already made a decision that he has funds abroad.
In 2008, when Mr Chaudhry was the interim government's finance minister, a special committee cleared him of all accusations of tax evasion.
Half a year later, Mr Chaudhry sued the Fiji Times for five billion US dollars for defamation for reporting his alleged breaches.
In 2010, two years after he had quit the interim regime, he was charged with tax evasion and money laundering.