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The trial was vitiated by the trial judge's failure to properly address and sum up to assessors on their roles, responsibilities, and vital points of law and evidence, rendering the proceedings null and void. The appropriate remedy is to order a retrial.
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The trial judge's failure to direct assessors on vital points of law, including malice aforethought, alibi, confession, and visual identification, rendered the trial unfair and not in compliance with mandatory procedural requirements, making the trial a nullity from the summing up stage onwards.
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The trial was vitiated by failure to properly involve and direct assessors on their roles and relevant points of law, rendering the trial a nullity and necessitating a retrial.
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The trial was a nullity because the trial judge failed to properly sum up the case to assessors and did not direct them on vital points of law, and there were irregularities in the composition of assessors. As the evidence was insufficient to sustain a conviction, a retrial was not ordered. Proceedings and judgment were nullified, conviction quashed, sentence set aside, and appellants ordered to be released.
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The Court of Appeal found irregular summing up to assessors and non-direction on vital legal points, quashed the conviction, and ordered a retrial.
Failure to involve the appellants in the selection of assessors and failure to properly sum up to assessors on vital points of law are fatal irregularities that render the trial a nullity. Given the insufficiency and contradictions in the identification evidence, a retrial is not warranted. The conviction and sentence cannot stand.
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Failure to direct assessors on vital points of law is a fatal irregularity that vitiates the trial; prosecution evidence on visual identification and identification parade was unreliable and insufficient; retrial is not feasible due to weak evidence.
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The partial participation of assessors in the trial, particularly their absence during the testimony of key prosecution witnesses, is a fatal irregularity that vitiates the entire proceedings, conviction, and sentence. The law requires assessors to participate fully throughout the trial, and failure to comply renders the trial a nullity.
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Non-direction of assessors on the ingredients of murder and doctrine of recent possession by the trial judge fatally vitiated the proceedings, requiring nullification of the trial and a retrial.
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The failure of the trial judge to record the contents of the summing up to assessors in writing is a fatal procedural defect that renders the entire proceedings a nullity, necessitating a complete retrial.
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