Bisiriyu Shoaga V. The King (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Procedure—Criminal Procedure Ordinance, section 165: Amendment of Charge—Accused with Counsel—Counsel not informed of right to recall witnesses.

The appellant was tried with others in the Supreme Court on two counts and convicted. He appealed, without substance, on questions of fact; but the Court raised two points for him: (a) on a point of procedure relating to count 1, and (5) another on the adequacy of the finding on count 2: (the conviction on count 2 was warranted and no more need be said here).

On point (a): The information filed did not name the appellant but only the others; at the close of the Crown case, his name was added and his plea taken.

The appellant had Counsel at the trial; the trial Judge did not ask Counsel whether he wished to have the witnesses recalled. It is provided in section 165 of the Criminal Procedure Ordinance that where an alteration or addition is made in the charge, the accused person shall be allowed to recall and crossexamine any witness who gave evidence, if he so desires.

Held

This is a right of which an accused person must be informed if not legally represented; but if he has Counsel, there is no need to inform his Counsel of the right.

Appealed dismissed.