Section 105: Retention of lawyer – Failure to instruct—The appellant was charged

105. Retention of lawyer – Failure to instruct—The appellant was charged with 3 counts namely possessing, consuming and supplying heroin. The case CON – 195 [Issue 1] The Constitution was adjourned after the appellant expressed his desire for the services of a lawyer. The appellant did not instruct his lawyer who withdrew on the day of the trial. The appellant, claiming lack of knowledge of the date of the case, sought a further adjournment to allow him to retain another lawyer. The Court refused. The appellant appealed on the grounds that (i) he should have been allowed to retain another lawyer; (ii) the prosecution had not proven, by expert witness that the substance supplied was heroin. HELD the appellant was informed of the date of his trial. His failure to act does not require the Court to adjourn the case. Iqbal v State (1992).