419
396.
663
answer to question under the notice it must be surplasage and not material.
On the 3rd charge this is bad for duplicity. naring 2 offences this clearly charges 2 offences fail to comply in that you did not declare all sums sent out by you and failed to declare all monies sent out on your behalf. 2 distinct matters included in the one charge and that charge must be quashed. Charge is bad for vagueness or want of particularity in that it does not specify which statutory declaration was it a statutory declaration dated 12/3, 13/3, 15/5 - This charge does not identify the particular statutory declaration. If charge is not bad for vagueness, evidence in support of it can never prove it unless there be evidence that there was only 1 statutory declaration made in reply to that notice. (22) Is this declaration referred to by prosecution in charge? Same grounds as 2nd charge no evidence that it was a statutory declaration no evidence of
official character taking the declaration. No evidence that he made it or signed it. If it is same declaration we are talking about in relation to 2nd charge, that is declaration dated 12/3 Tour lionour has copy of notice which was served in this case the last page of F2 coupled with the ovidence in this case gives its own reasonable excuse.
Subgit that this charge should be dismissed.
-
664
Court adjourned to 10 a.m. on 12/12/75.
12th December 1975
Coran: A. Garcia, D.J. in Court.
Court resumes at 10 a.m.
Appearances as before.
(sa.) A. Garcia
District Judge
11/12/75
Mr. Gunston:
when I opposed my learned friend making a submission at all in reply he said if case is before a Judge where issues are simple he may abandon his right to make a submission.
First thing he said in his