Saturday, February 7, 2026

Duty of Trial Courts Explained by Supreme Court

Duty of Trial Courts Explained by Supreme Court

It was noted that the accused did not cross examine the witnesses at the initial stage and it was only after she engaged her own counsel and her application for re-examining those witnesses was allowed that she was permitted to do so. It is incumbent upon the trial Courts dealing with criminal proceedings, faced with such situations, to inform the accused of their right to legal representation and their entitlement to be represented by legal aid counsel in the event they cannot afford a counsel. The trial Courts shall record the offer made to the accused in this regard, the response of the accused to such offer and also the action taken thereupon in their orders, before commencing examination of the witnesses. 

Reginamary Chellamani v. State [2026] GCtR 98 (SC)

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