CaseLaw
Appellant was charged with a 5-count charge to which he pleaded not guilty.
Appellant challenged the competence of the Court to try him for the offences but the trial Judge decided that the court had Jurisdiction to try the appellant.
After signing and dating the ruling on Jurisdiction, the trial Judge then endorsed at the end of the ruling asked”…. The Chief Judge of this court to excuse me from further presiding over this trial …. And request him to transfer this case to another Judge ….. I hereby withdraw from further presiding over this trial”.
Appellant dissatisfied with the ruling on Jurisdiction, appealed. The appellant took up the opinion of the trial Judge as expressed in the “addendum” as constituting a breach of his fundamental right of fair hearing.
Whether in withdrawing from the case, the trial Judge had breached any of...