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Section 80: Fair trial – Refusal of trial Court to grant postponement at request of

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

80. Fair trial – Refusal of trial Court to grant postponement at request of Counsel for an accused party—The appellant was prosecuted on a charge of unlawful possession of stolen property. After the case had been called pro forma on 3 occasions and the appellant had pleaded to the information, the case was adjourned to 7 May 1968. On that day, the appellant produced a letter from Counsel informing the Court that he had just been retained and praying for a postponement as he was engaged elsewhere and had not had time to study the case. The Court refused the postponement and after hearing the evidence convicted the appellant who appealed. The Court held that the trial Magistrate had not made an injudicious use of his discretion. Gooranah v R (1968).

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