Applicant’s objection to the Respondent’s explanations relating
to the Record of Proceedings in Criminal Appeal Number 230 of
2008
79.
On
22
January
2015,
PALU
submitted
the
documents
requested by the Court during the public hearing. On. 5 Februarv
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
in Criminal
Court
of Appeal
Appeal
submitted to the Registrar by PALU.
Number
230
of 2008
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
arguments
to
strengthen
its
is providing
defence.
PALU
information and
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
explanation
Criminal
as
by the
Appeal
directed.
An
Respondent
Number
230
examination
of the
of
2008
record
shows
of the
purported
of proceedings
that
this
in
indeed
amounts to fresh arguments by the Respondent, on its case and on
TA
—
33
NE