-11-
If the depositions have not been certified, there is no provision in
the law that they should be
Sec. 67 of Cap 45 provides that a copy of the depositions shall be
available to the accused on payment of a certain fee.
On the submission that the indictment has not stated the section 5
under which the accused is charged, this was adequately answered by learndd
Counsel for the Crown.
The final point
*
that the learned Magistrate failed to comply with
Sec. 55 of Cap. 45 in that he failed to ask the accused if he had any
witnesses which he wished to call in his defence, based on the fact that
there is nothing in the record to show that he did
10
I do not consider to be an irregularity which is prejudicial the accused.
to
The Magistrate must have at that time already made up his mind under
Sec. 54 not to dismiss the charge and the need for the accused to call
that
witnesses at time in his defence, in the Light of his own statement,
A
might very well not have arisen.
The motion to quash the indictment is therefore refused.
Mr. Foster: Applies under Sec. 16(5) of Cap 20 - for fresh indictment
to be served on Accused for postponement of trial to another sitting of
the Court.
Mr.
Archibaldi
will not object to adjournment for 24 hours.
Mr. Foster indicates that he proposes to call medical evidence from
abroad
Mr. Archibald: Mr. Foster had indicated in February to the Honourable
Attorney General that he intended calling medical evidence from abroad.
That was before the Preliminary Investigation began and he is still not
prepared today.
15
20
Mr. Foster: I have been in touch with the medical expert and he cant
come now. He will require notice.
25
*
Court refers to Seg, 34 of Cap 37 as amended re separation of jury.
Mr. Archibald:- No application
Jury maybe separated.
Mr. Foster:- No application
Jury maybe separated.
30
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