-25.
37
too strongly to the Jury. I only spoke of those points as far as I could which I knew would be corroborated
In this case the two marks on Bary Zine's neck
corroborated by Mrs. Fine.
Mr. Eraseri (Mr. Fraser reiterates that suggestion as to how
the bruises were OBU heddling
is that the
I submit that the evidence is purely circumstantial although important. That the jury must not pay any attention to what I said about Mary Fine in that connection.
The other points on misdirection.
Identification by Mary Pine where the trial judge snid
"It may be no more than the t,page 13. Bumming Up. (iscussion en ara Lim submittii "It can be no more than that",) (švidence of
Loung when he says Mary escaped him ones when he tried to
人
rescue her. Page 17 of the Judges Notes. 10th line down.
Position of accused in relation to Bary on journey down the
nul lah. Mary must have seen a coused on bridge).
Foint of Mrs. Fairburn's evidence where she said she was convinced that the children were in the same position as she expected when they were rescued.
Mr. Bar This point is important. It was not in the Judge's note, one of the reasons she thought that the children ware the same because they were in the same position where she expected them to be. I remember that evidence vary dearly.
Er. Fisseri kém Fairburn thought these children were the same on two grounds - (1) they were the same position in which she would expect to find the children and (2) becuase they were wearing similer clothes. She said she could not see the nullah from the bridge, also that she could not see the accused after he jumped in the nullah. 1 put it to the jury that they were open to think these two anildren were the same Mrs. Fairburn saw thrown in i. ray Bromley and TonyƒFood,
Where
I am sorry to have taken up so muon time. xkyxfxkxxÉKEKEť are some points which my friend raised and which 1 think I must answer,
with regard to Cohen's case that was mentioned by my friend. 2 Or. Appeal Reports ».197, s. 4 ss 1 of the Ur. Appeal et p.207.
mi My friend read this out to you so i will not read it again. I would point out that to bring the beginning of that paragraph into effect there must be a wrong decision of a question of law. Assuming a wrong decision of a question of law then the rest of the paragraph takes effect. These words "If there is a wrong decision of law" govern the whole paragraph, That explains the difficulty which your lordship suggested to me when I′′read to you para 401. of Halsbury Vol. 9 p. 28. End of paras That I take it in the meaning of ss. 2 of paza 78 (a) of Cr. Procedure vrdinance as amende da
There has been only one murder case in which an mpmi been set aside on that ground and that is the dome of ko Va - al lace which has already been quo ted. There is another case which fits in which that case and that is the lae of Winrles Sison,
7 Ur Loveal Reports page 4s That is a case wherethe conviction has been quashed where the verdict dould not be supported by the evidence. There was also a misdirection.
The Wallace ouse is a step in advance of any case that has been taken before. That is as far as a Court of Criminal Appam1
have so far gone.
Theres is the case of 3 v. Barron whion was mentioned by my friend, hűt. Ann sal Keports a. 238. pame 239. That case has arleady been read by my friend and I Esely ask Your lordships to consider the whole of that page when making up your minds. That Was a case of sodomy. Bothing was said in the summing up about the necessity for corroboration, and evidence of a pregious examination of the same boy in June was improperly admitted.