TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 51

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.