7
16th October, 1975
5.
Coram: Judgo Jones, D.J. in Court.
Mr. Seoats, Assistant to Attorney General, for Crown. Mr. Hampton of (Gordon, Hampton & Winter) for Dl.
Mr. Gunston of (Gunston & Chow) for D2.
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Mr. Hampton:
2.
4 matters to raise.
1. Application for further and better particulars of Charge No. 1.
Application for separate trials hot of the defendants, but of the
Conspiracy No. 1 as opposed to what is commonly called substantive
sharges.
3. Question whether suitable in open Court or Chambers in relation to
summary of evidence supplied.
4. Question of dates of trial.
Provisionally fixed. Were fixed as dates. After fixing vo all
appeared before Collior D.J. in Chambers gave him indication of matters to be raised to-day and dependent upon fate of this application. Court might consider to refix datos.
Conversation subsequent to Defendants' surrender to bail.
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1st Point:
All authorities agree that a charge ought to contain such
particulars as may be necessary for giving reasonable information as to
nature of charge. Indictment Rules 1971 Para. 101 Archbold. It should
be remembered when talk about an indictment talking about a situation
where has been a committal and depositions in hands of the parties.
District Court does not apply. In lieu of information summary of
evidence.
Full details of Crown's case arc included in depositions.
Summary of evidence forms no part of charge information and Crown not
bound by it. Can't be used to challenge a witness. Refers to 1st
charge. Charge as it is so vague as not to give reasonable information
to Defendants as to what they are facing. My application is for Your
Honour to order Crown to supply further and better particulars of the
way or ways in which Defendants agreed that they were to act contrary
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