Applicant's objection to the Respondent's explanations relating
to the Record of Proceedings in Criminal Appeal Number 230 o·f
2008
79.
On 22 January 2015, PALU submitted the documents
requested by the Court during the public hearing. On 5 Februar:'
2015, the Respondent submitted to the Registrar, a certified copy of
the record of proceedings at the Court of Appeal in Criminal Appeal
Number 230 of 2008 and its observations on the authenticity of the
copy of the Applicant's Notice of Motion for Review of the decision of
the Court of Appeal in Criminal Appeal Number 230 of 2008
submitted to the Registrar by PALU. On 24 February 2015, PALU
objected to the Respondent's purported explanation of some of the
issues arising from the record of proceedings in Criminal Appeai
Number 230 of 2008. This was on the basis that by doing so, the
Respondent was analysing freshly, both its own and the Applicant's
arguments and that the Respondent is providing information and
arguments to strengthen its defence. PALU urged that these
explanations be disregarded as they were not included in the prior
written and oral submissions. The Respondent did not respond to
PALU's contention.
80.
The Court did not direct that the parties provide explanations
regarding the documents to be submitted after the public hearing. In
this regard therefore, the Respondent was merely required to submit
the documents as directed. An examination of the purported
explanation by the Respondent of the record of proceedings in
Criminal Appeal Number 230 of 2008 shows that this indeed
amounts to fresh arguments by the Respondent, on its case and on
33