Section 156:

156. Constitution section 10 – Change of Judges – New trial – Waiver— The appellant’s case was heard before one Judge but another Judge delivered the judgment. The appellant was offered a new trial prior to judgment, but declined the offer. The appellant appealed on the ground that he had not received a fair trial. The issues were (i) whether the appellant could claim that he had been denied a fair trial when he had rejected a new trial and (ii) whether the appellant had waived his right to a fair hearing. HELD the appellant’s rejection of a new trial was based on an error of law in respect of the true meaning of section 10 of the Constitution, and was consequently invalid. An essential condition of waiver is that the grantor must be fully informed as to the grantor’s rights. The appellant was not fully informed since he was labouring under an error of law. Ramkalawon v Private Secondary Schools Authority (1988).