215. In his written submissions annexed to the Application, the Applicant maintained that
the records show that the Judgment was read in an office on 21 July 1998, instead of
being delivered in open court.
216. In his Reply, the Applicant reiterated this position.
217. At the Public Hearing, Counsel for the Applicant again argued that at the District
Court, decision was taken in the chambers of a Judge and that no reason for that was
given in the said decision.
218.
In its Response,
the Respondent
State refutes this allegation and argues that if
Section 311 of the Criminal Procedure Act provides that Judgments shall be delivered in
public, the same Section also makes provisions for options.
219. The Respondent State further argues that due to limitation of space, the Chambers
of Judges
are
used
as courtrooms,
whereby
the
public can
be
present
during
oral
pleadings and delivery of Judgments. It also maintains that the case against the Applicant
was
neither
heard
in camera,
nor was
the
Judgment
delivered
in camera,
because
anyone who wanted to be present on the two occasions was allowed to do so.
220. At the Public Hearing, the Respondent
because
of the problem
of space,
State’s representative again explains that
offices are
used
during
procedures;
and that the
Applicant was not tried in camera given the fact that anyone who wanted to participate in
the proceedings could do so.
221. The Respondent State’s representative further explains that when the chambers
used, Public Hearings are held only when the doors
are wide
are
open and that any member
of the public can access and sit in; it is only under these conditions that the Court may sit
as an open court; the cause list of the Court is posted in public outside the
57
Courts; and
(G
8
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