Section 85: Counsel allowed to withdraw—On 6 March 1974, an information was
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.
85. Counsel allowed to withdraw—On 6 March 1974, an information was
filed against the appellant charging him with larceny and possession of stolen property. He was arrested at 11 am, was brought to Court at 1 pm,
where he had been interviewed by his Counsel at 1.10 pm. Counsel moved
for a postponement of the hearing on the ground that it was only at 2 pm
that he had taken cognisance of the information and that he was unable to
conduct his client’s defence. The Court refused to grant a postponement,
allowed Counsel to withdraw from the case and proceeded to hear the principal witness for the prosecution who was not cross-examined by the appellant. The case was then adjourned to 9 August, and after hearing further
witnesses the Magistrate convicted the appellant of larceny.
HELD the appellant had not been granted sufficient time and facilities for
the preparation of his defence and there had consequently been a breach of
the fundamental rights of an accused person. Lamarques v R (1974).