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

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