31 Dec 2013
HKSAR v. AGARA ISAIAH BISHOP
- Citation
- HKSAR v. AGARA ISAIAH BISHOP
- Court
- Court of Appeal
- Case number
- CACC354/2012
Section 57(2) DDO as drafted (excluding proceedings under the DDO from the common law 'innocence at stake' exception) is inconsistent with the right to a fair trial; the trial judge must conduct a full inquiry and decide, on evidence, whether disclosure is necessary for innocence, and where that process was not followed the conviction must be set aside and a retrial ordered.