juris

Section 84:

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.

84. Accused’s right to be defended by Counsel of his choice—An information was lodged against the appellant and 4 other accused parties. Two of them admitted the charge. The appellant and the other 2 pleaded “Not Guilty”. A letter addressed to the Magistrate by a Counsel for the appellant and a coaccused was filed on record. The case was fixed for trial on July 4. On that date Counsel for the appellant was not present but another Counsel appeared and stated that he was replacing his friend for the appellant and his co-accused. The appellant and his co-accused stated that they did not wish replacing Counsel to appear for them. The latter was allowed to withdraw and the case ordered to proceed. HELD dismissing his appeal, upon a review of the relevant authorities dealing with an accused’s right to be represented, there was no ground for saying that the Magistrate was wrong to proceed with the accused’s trial in the circumstances. Ragoobeer v R (1974).

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