Supreme Court
Decision Information
Summary: Appellant appealed his conviction for unlawfully selling liquor in his home community of Rae Edzo on the basis of procedural irregularities during trial - Trial was heard before a justice of the Peace - No Lawyers present - Police Officer examined the sole witness for the prosecution - Witness testified to having bought liquor from the Accused - While being Cross-Examined by the Accused witness recanted his previous testimony - Police Officer examined the witness again - Witness said he lied during his cross-examination because he was afraid of the Accused - On appeal, Accused argued that the Justice of the Peace had erred by allowing rebuttal evidence by the Crown following the Defence's cross-examination of the sole Crown witness, resulting in ‘case splitting' by the Crown. Court held that the Justice of the Peace exercised appropriate discretion in his conduct of the trial - No fatal procedural error -Policy makers decided to allow cases of this type to be dealt with summarily by lay judges - Technical or legalistic rules may not always be followed to the letter - No violation of the principles of fundamental justice in these circumstance.
Decision: Appeal dismissend
Subjects: Liquor control - Offences - Sale or keeping for sale
Criminal law - Evidence - Presentation of evidence - Rebuttal
Criminal law - Evidence - Presentation of evidence - Re-examination