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Court of Appeal, in habeas corpus proceedings, dismisses appeal of High Court refusal to direct the release of the applicant, finding that his remand in custody was not a fundamental denial of justice, and the High Court judge properly excluded affidavits containing hearsay evidence.
Criminal law – appeal of High Court refusal to direct the release of the applicant pursuant to Article 40 of the Constitution – whether the applicant's remand in custody was a fundamental denial of justice – exclusion from consideration of affidavits by the High Court Judge – procedure adopted by the Circuit Court Judge giving rise to the remand of the applicant in custody does not provide a basis for ordering his release – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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