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John Paul v. R., Crim. App. 54, 71, 71-A-67, 28/8/67, Platt J.
Accused were convicted of conspiracy contrary to Penal Code, section 110 (a). The first magistrate commenced the trial and heard the first two witnesses. He was then transferred and the trial resumed before a second magistrate. The accused ‘s counsel were given the opportunity to recall the first two witnesses but declined to do so . The result turned primarily upon the testimony of one of the first two witnesses.
Held: From the record it appears that the trial could have been started de novo, and it cannot be said that accused were not prejudiced by the failure to do so. Convictions quashed.
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