John Sheta v. R. Crim. App. 27-M-67; 31/5/67; Platt, J.
Accused was convicted of forgery and theft. During the trial he attempted to call a witness, but the magistrate refused because that witness had been in court during part of the proceedings.
Held: “It must always be remembered that though a witness has been in court, his evidence is not therefore inadmissible, though it may well be that the weight of his evidence is affected. But this is a matter which can only be tested after the witness has given evidence.” Convictions quashed.
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