393
370.
3
relevant an, admissible evidence such as for instance evidence of
reasonablo diligence.
Mr. Hampton: Ask that Court adjourn to 2.30 p.m.
613
3th December 1975
674
Coran: A. Garcia, D.J. in Court.
Court resumes at 2.30 p.m.
Appearances as before.
(~d.) A. Garcia
District Judge
3/12/75
r. Hampton: If my learned friend is correct when he says you must examine the totality of the evidence that apart from the exception contained in sub-section of section 22 evidence in the phrase totality of the evidence must mean evidence properly admitted and is before
the Court. Cannot mean provisional exhibits. hat is a provisional exhibit without being technical - it is a phrase acrely used for time- saving to keep documents in their proper order so trat an exhibit no. is tentatively or temporarily assigned to a document ending its proper production when it becomes an exhibit. Up to that point in essence all it is something marked for identification ad is not before the Court except that limited extent under sub-section 2 of section 22. As far as admissibility of drafts are concerned again there are several categories - there is the category where no original draft is cought to be produced but a copy only. Category where original is sought to be produced together with stamped hieroglyphics or notations which that original draft may have acquired in the course of its wanderings. 1.0 deal with copy drafts first even if it can be shown that a draft has been applied for in the name of or to an account which is proved to be an account of the accused submit the fact of application in itself is entirely irrelevant unless it also can be shown that the proceeds of that draft were debited to the issuing bank and credited to the account
which is shown to be that of the accused. In relation to that sub- mission before even one begins to discuss the question of relevance
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