CRIMINAL LITIGATION

The defendant was unable to attend court during the course of his trial. The judge concluded that, although the defendant had a legitimate medical reason for his absence, the trial should continue in his absence.

HELD In cases where the defendant is absent involuntarily, the judge is obliged to consider how long the proposed adjournment is likely to be and the extent to which the legal representatives could, in the defendant’s absence, receive and act on instructions.

The court should take into account the public interest in ensuring continuous trials; the public interest does not allow the trial to be put off for an indefinite period.

However, where a defendant is absent through ill health, the judge must be astute to see if an adjournment for a short period will allow the defendant to recover, and such an adjournment should not be refused unless the circumstances compel it.

If the judge has doubts about the genuineness or gravity of the defendant’s symptoms, the proper course is to adjourn