4/1977
9-
MONDAY 21st MARCH 1977
MARCH. ASSIZES
9:25 a.m. Court Opened
Gazette notice read
Jurors called All present
Queen
Mr. K. Foster for Accused
Mr. J.S. Archibald for Crown
Sylvester Gaston
Mr. Foster: Only received the depositions on Saturday 19th March 1977;
Preliminary Points:
Submits that Indictment should be quashed on motion by verbal application.
(1) that the proceedings before the Magistrate are a nullity in that they
were in violation of Sec. 41 of Cap. 45
Arch 39 Ed. para 341.
Discretion is not absolute, Magistrate must exercise discretion judiciously.
There was a violation of the Audi Alteram partem rule in that accused was not
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asked whether he had any objections concerning the closing of the court to the 10
public. The reason given was not a judicious one.
Although Magistrate ruled that Court was not to be opened there were
policemen present.
Sec. 54 of Cap. 45: reads
Sec. 55 of Cap. 45: reads
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Learned Magistrate erred in that he failed to inform the accused of his right to
call witness in his defence. A violation of the audi alteram partem rule.
Refer to Cap 20 Sec. 16
Accused has not been served with an indictment. Trial must be a nullity.