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Section 104: Appellant without Counsel—In a trial before the Intermediate Court,

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

104. Appellant without Counsel—In a trial before the Intermediate Court, the respondent had tendered in evidence a document signed by the appellant acknowledging a sum owed to the respondent. The appellant who had appeared in his own defence, due to the absence of Counsel at the trial, had directed certain questions to the respondent concerning this document. The respondent raised a number of technical objections to these questions which were sustained. The appellant sought an adjournment, so that he could obtain the assistance of Counsel, which was refused. The Court found for the respondent and the appellant appealed. HELD the questions of the appellant were relevant. As a result the objections taken and upheld resulted in the trial not having been fair. Claite v Orian (1990).

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