CRIMINAL LITIGATION

There were heated exchanges between the judge and defence counsel, as the judge was highly critical of the time estimate for the trial; the defendant—whose bail was revoked—did not receive clean clothes until the afternoon of the third day of the trial.

It was held that the safety of a conviction does not depend merely on the strength of the evidence that has been heard, but also on the observance of due process. Every defendant is entitled to be treated fairly, courteously, and with due regard to the presumption of innocence.

In this case there had been a failure of due process on account of the judge’s conduct.