JUDGMENTBY: ADRIAN CLARK J

In this case the appellant was brought before the District Court in July of 1935 on a charge sheet containing two charges.

The case was conducted on behalf of the Crown by a firm of solicitors who were feed by the complainants but authorised under section 384 of the Criminal Procedure Code to act for the Public Prosecutor.

The accused was remanded for trial and, on the day on which the trial commenced, a third charge was added to the charge sheet. This third charge cannot be traced on the records of the District Court and the usher of the Court has stated on oath that he returned it to the solicitors for the prosecution. This seems to show some practice, or lack of it, in the District Court which should immediately be remedied. It is essential that in all criminal trials, in whatever Court they take place, charges should be formally drawn up, recorded and preserved.

This third charge seems, from what appears in the notes of evidence, to have been one charging criminal breach of trust of a sum which was the aggregate of many sums (presumably not including that in the first charge) alleged to have been misappropriated during one year, details being given of

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