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Appeal Court in June and as the sittings were not prolonged they did not in fact interfere with the holding of the Criminal Sessions on the usual date.
5.
low in regard to the scheme as it at present exists I am of opinion that it is not in all cases necessary for the Judge whose judgment is appealled against to sit on the appeal in the Full Court. This view is I believe shared by Sir H. de Sausuarez and Mr. Justice Compertz. There are certain cases which turn on questions of fact where the opinion of the Judge at the trial as to the value of evidence, the credibility of witnesses etc. may be of great value to the other Judges and his presence on appeal in such a case desirable. There are other cases where the Judge's views of the law are definitely stated in his judgment and in such case his presence may be unnecessary. Furthermore it must be remembered that it is always open to the other two Judges to confer during the sittings with the Judge appealed against on any points in the case or in the judgment which may require elucidating. If this suggestion is adopted it would mean a considerable saving of judicial time for it would leave one Judge free to deal during the sittings of the Full Court with cases of urgency both in Court and Chambers, which at present have either to stand over or be dealt with before or after the daily sittings of the Full Court. I should point out that the proposal would mainly affect the Chief Justice as appeals under the existing system lie mainly from the Chief Justice who tries nearly all the cases in Original Jurisdiction, the duties of the Puisne Judge being directed mainly to the cases in Summary Jurisdiction. If I deferred therefore to my personal in- -clination I should hesitate before making this proposal as the arguments pro and contra in the Full Court cannot fail to be interesting to a Judge who has already heard and decided the case in the Court below. I am however constrained to do so from a desire to expedite the work of the Courts. I therefore advise that the Ordinance be so amended as to give a discretion to the three Judges (section 5(2) of Ordinance 27 of 1912 as amended by Ordi- -nance 39 of 1912) to decide whether the Judge whose judgment is