Section 165:

165. Right to fair hearing – Adducing additional evidence on appeal— Appellant claimed that he had been denied a fair hearing of his appeal and sought redress under sections 1 and 3 of the Constitution on the ground that he had been denied the protection of the law. He argued that his Counsel had been prevented from introducing new evidence on appeal. HELD where an appellant sought to enter additional evidence on appeal, it had to be shown that such evidence was relevant to the issue which was before the trial Court and that, if steps had been taken to lead the evidence at that stage, it would have been admissible. The appellate court also had to be satisfied that the additional evidence should be taken into account at the stage of the appeal. In this case, the new evidence sought to be adduced on appeal had been available at the time of the trial and appellant’s Counsel had not been able to explain why it had not been introduced at that time. Dosoruth v State (2004).