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The second, third, and fourth respondents were not afforded the right to be heard at trial, violating the principle of natural justice and rendering the trial court's proceedings and judgment a nullity; the first appellate court was correct in quashing the proceedings and judgment.
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The High Court allowed a criminal appeal after finding the appellant was denied legal representation, quashing the conviction and ordering retrial.
The High Court quashed a conviction for unlawful possession of government trophy after finding defective DPP consent, and declined to order a retrial.
Given the credible evidence of threats and intimidation against prosecution witnesses, their close relationship to the respondents, and the existence of a criminal syndicate, the court finds it necessary and lawful to grant protection measures under section 188 of the Criminal Procedure Act to ensure the safety of witnesses and the integrity of the trial.
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Non-compliance with section 230 and inadequate compliance with section 231(1) of the Criminal Procedure Act rendered the trial unfair and vitiated the proceedings, requiring nullification from closure of prosecution case onwards, quashing conviction and sentence, and remitting for retrial.
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Variance between the charge sheet and evidence regarding the place of offence is material; failure to amend the charge sheet to align with evidence renders the charge unproved and entitles the accused to acquittal.
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The court held that concealment of witness identities and related materials is necessary, justifiable, and does not violate fair hearing principles, given the threats to witnesses and the statutory provisions allowing such protection.
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The applicant did not exhaust available domestic remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since he could have pursued further judicial actions under national law. The application is therefore inadmissible.
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The trial court's failure to comply with mandatory procedural requirements under section 231 of the Criminal Procedure Act, including informing the accused of his rights and properly admitting evidence, resulted in a prejudicial and unfair trial, necessitating nullification of proceedings and retrial.
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The trial court lacked jurisdiction to try the appellant as he was a minor at the time of the offence; proceedings, conviction, and sentence are nullified.
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