Section 97: Application for new trial – Time limits for application—The appellant

97. Application for new trial – Time limits for application—The appellant had failed to attend the trial of a Court case in which he was a defendant. His Counsel was allowed to withdraw from the case because he had not heard from his client for 5 months. Judgment was given against the defendant. Over 2 months later the defendant unsuccessfully applied for a new trial. He appealed on the ground that he had not been able to place his defence on record because his Counsel had withdrawn from the case. HELD the appellant was unable to record his defence because he had failed to attend the trial and because the withdrawal of his Counsel was caused by the appellant’s failure to give instructions. Mewa v Vythilingum (1985).