Section 116: Refusal of Magistrate to postpone case on the day of trial—Counsel X

116. Refusal of Magistrate to postpone case on the day of trial—Counsel X engaged to represent the appellant in a criminal case withdrew from the case on the day it came for hearing for “want of instructions” and because the appellant had failed to see or communicate with him since the time the case came pro forma. A letter produced by the appellant on that same day from Counsel Y who was to all intents and purposes under the wrong impression that the case was being called pro forma and who therefore suggested that the case be fixed for trial on another day was disregarded by the Magistrate. HELD the Magistrate was right to proceed with the hearing and that in the particular circumstances the appellant was fully responsible for the predicament in which he found himself. Chakooree v R (1984).