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The Court of Appeal nullified murder proceedings after finding the trial-within-a-trial process irregular and prejudicial, and ordered a retrial.
The Court of Appeal nullified a murder trial for serious assessors’ irregularities, quashed the conviction and death sentence, and refused a retrial.
Failure to record each assessor's opinion separately was an irregularity but did not prejudice the appellant or occasion a miscarriage of justice; the caution statement was properly admitted as it was given voluntarily. The conviction and sentence are upheld.
Source excerpt
The conviction of the appellants was sustained based on overwhelming circumstantial evidence and their conduct, despite the expunging of improperly admitted confessional statements. The first appellant was the last person seen with the deceased, failed to account for his whereabouts, and led to the discovery of the body. The second appellant's presence, failure to dissociate from the crime, and subsequent conduct established his complicity as an aider and abettor. The procedural irregularity in admitting evidence in the absence of assessors was fundamental, requiring expunging of such evidenc…
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