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Volume No - 12 Issue No - 13
I would grant the petitioner leave to appeal out of time against the judgment of the Court of Appeal dated 4 October 2018. I would do so on the basis that substantial and grave injustice may otherwise occur and also on the basis that questions of general legal importance are involved, as to which I have in mind the proper application of the rule against hearsay, the need for trial judges to acknowledge and address central defences raised, and the need to tailor care warnings to the circumstances of a particular case. I would treat the hearing of the application for leave as the hearing of the appeal, allow the appeal, set aside the judgment of the Court of Appeal and set aside the petitioner’s conviction for murder rendered by the judgment dated 26 September 2014.