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(Discussion regarding the two bruises, Mr. Lim is not blaming Mr. Fraser for mentioning the two bruises but says that sectixxxER Akutxakgit if they had not mentioned it would hot have occurred to Jury that they had been caused by appellant when he seized her to throw her over).
death.
2nd paras
Mr. Imi King ▼ Sohen Vol. 2 nare 207.
Reference made to Dr. Valentine's evidence as to cause or
Bow I come to deal with the question of Law.
The first round is this. That the learned trial judge wrongfully refused to withdraw the case from the Jury at the close of the case for the Crown on submission being made to him that there was no evidence to be left to them.
bric Davis's evidence cited
MI8. Fairburn's evidence cited.
Dr. Valentine's evidence as to cause of death cited. (A. Ëraaer points out that there were pillars only at No.1 bridge)
ATI Lim No ti ve. Grown's case was three letters which kskang were found in accused's basket. (Page 19 of the summing up) (Discussion as to how the children may have fallen into the mullah, Hr. Hayden said that if the children had fallen into the nullah toey would have grasped at the pipes for support).(Hr. Lim stated it if children ekáldren were in the mullah they went down by the s tepa whereupon it was pointed out to dù him the difficulty for such samll children to achieve this feat in such a short space of time).
The judge in his summing up stated distinctly that there were improbabilities on both sides, and if there were improbabilities on both sides that means there were doubts on both ni de B.
Mr. Jackal Then if there is any doubt by the Jury the benefit shoul be given to the appellant - The Judge has directed the Jury several times to that effect in his summing up.
Mr. LAMA 1 now come to the authorities to show where there is no case to go to the Jury the case should have been withdrawnỉ re the Jury.
King ▼ Lench Yol. 2 page 78, at page 73 - Judgment.
Mr. RSGEL This is a proposition of law which I do not contest.
In that
I will refer to that case without rending the
Judgment.
an
King Y. Wallace Vol. 23. nazo 32. Judgment on page 34.
helpful.
an afraid the facts of that dame are not very
et razors I shall refer to that case, There is a copy in the Mibrary which gives the case very fully.
The facts of the
report and are sufficient to
are very shortly cited in the guide us.
Br. Fraser: I suggest that the facts as reported here are totally inadequate.
Mr. Liga I will refer to the facts and if there is anything else which Ar. Fraser things ought to be added, he will be entitled to
BECO 32.
Tayden That case really goes to show that the Court will not net and should not set on mre mere sumpicion but that each case wil. have to stand upon its own facta.
Mr. Ami Yes, and in submitting this case I say that the evidence as was adduced before the jury must have amounted to sumpicion as had been admitted in the summing up - both theories put up by the Crown and the wefence contained equal improbabilities. It is not clear there was any direct evidence and I submit that thre was a gap as there is in this case, between the appellant and the erine the rown cannot breach that gap by suggesting a theory.
broje