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Hassani bin Vusi Mnayasa v. R., Misc. Appl. 7-Z-64, / /64, Erokwu Ag. C. J.
The accused applied to be tried by a magistrate other than the one scheduled to try him, on the grounds that the latter had twice previously convicted him, and on the grounds that the magistrate had declared before the audience that he had no faith in the accused and had made other derogatory statements about the accused.
Held: Because this magistrate would know of the accused’s previous convictions, and because he does not object to the transfer of the case to another magistrate, “and on these two grounds only,” the application is allowed.
(Editors’ note: In a case where the accused alleged that the same magistrate had said that he had “no faith” in the accused, but allege no other grounds for the transfer of his case, a similar application was denied. Hassan bin Abdulla v. R., Misc. Appl. 11-Z-64, 24/11/64, Erokwu Ag. C. J.
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