Section 149: Evidence heard by only one of two Magistrates—At a trial before the

149. Evidence heard by only one of two Magistrates—At a trial before the Intermediate Court, 2 Magistrates heard the case and judgment was finally delivered by the Court composed of 2 Magistrates one of whom had not heard the evidence or submission of Counsel. On appeal it was contended that the appellant had not been granted a “fair hearing” within the meaning of section 10 (8) of the Constitution. HELD in the context “fair hearing” means a fair trial according to the provisions of the law which empowered a Magistrate to be replaced by another. Audibert v Raghoonundun (1980). [EDITORIAL NOTE: Reversed in Sip Heng Wong Ng v R (1985).] CON – 205 [Issue 1] The Constitution