1 Monday, 25th January, 1999
2 (Status Conference)
3 (Open session)
4 JUDGE SHAHABUDDEEN: Then we may regard the
5 appeal as ripe for hearing, and notwithstanding that we
6 are all still robed, we will proceed immediately to
7 regard ourselves as sitting in a Status Conference to
8 consider matters pertinent to the holding of a hearing
9 on the merits of the appeal.
10 I would suggest that there are two branches
11 of the matter to be considered: (1) the likely
12 duration of the appeal hearing; (2) the number of
13 rounds to be allocated to each side; (3) the duration
14 of each round; and (4) I think there is another point
15 about establishing the time period in the calendar for
16 the holding of the hearing. So I have passed beyond my
17 initial mention of two points. I think I have covered
18 four points.
19 Would counsel for the appellant like to speak
21 MR. CLEGG: I would think that one week would
22 be more than sufficient to be able to dispose of the
23 appeal. It may well be that one wouldn't require a
24 fifth day, but I think, to be on the safe side, if a
25 week were set aside, it would be very comfortable.
1 JUDGE SHAHABUDDEEN: We understand that some
2 of you gentlemen may have commitments, and I hasten to
3 emphasise, in case there is any doubt, that to the
4 extent possible, the Court would be glad to take
5 account of any commitments counsel at the bar may
6 have. There should be no question of that. On the
7 other hand, I do hope that counsel will appreciate that
8 the time constraints on the Court are enormous.
9 Now, we had in mind the week beginning 19th
10 of April. How does that respond to your situation?
11 MR. CLEGG: That would be a week that would
12 be convenient for me professionally.
13 JUDGE SHAHABUDDEEN: Convenient to you?
14 MR. CLEGG: Yes.
15 JUDGE SHAHABUDDEEN: What about the
17 MR. KEEGAN: Yes, Your Honour. As far as I
18 know, Your Honour, I would be the only one who might
19 have a conflict with a trial, but certainly my other
20 colleagues would be more than able to carry on if I do
21 have a trial that week, but right now we have no firm
22 schedule in that case, so as far as we know, the dates
23 are fine.
24 JUDGE SHAHABUDDEEN: May I assume that you,
25 not being in a position to urge anything to the
1 contrary, find the suggestion acceptable?
2 MR. KEEGAN: Yes, Your Honour.
3 JUDGE SHAHABUDDEEN: We will hold the hearing
4 during the week commencing the 19th of April.
5 What about the configuration of the hearing?
6 Should there be two rounds, three rounds, four rounds?
7 MR. CLEGG: I would have suggested
8 tentatively that the appeal would perhaps best be
9 heard, as it were, in two parts, and that the
10 appellant's appeal should be heard first, responded to,
11 and then with me having the right of reply; and then
12 beginning again with the respondent's appeal, my
13 submissions, and then a right of reply for the
14 respondent. So tentatively, I would suggest if we keep
15 the submissions in two discrete parts, it will avoid
17 JUDGE SHAHABUDDEEN: I see that. That's very
18 attractive, Mr. Clegg. Do you think that there is a
19 risk of duplication in that methodology?
20 MR. CLEGG: Not if we do it that way, I don't
21 think there are. I don't think there is any risk.
22 JUDGE SHAHABUDDEEN: Counsel will bear in
23 mind things which have been said previously.
24 MR. CLEGG: We will bear in mind that the
25 Court only needs to hear something once.
1 JUDGE SHAHABUDDEEN: The Prosecution nods in
3 MR. KEEGAN: Yes, Your Honour. We were going
4 to suggest the same thing. Of course, there would be
5 three parts, the appeal on sentencing being the last
6 part. So we could deal with the appellant's appeal,
7 the cross appeal, and then sentencing as the final
9 JUDGE SHAHABUDDEEN: Why don't we try to
10 combine it this way: We hold one hearing in relation
11 to the appellant's appeal from conviction and the
12 Prosecution appeal from conviction; is that right?
13 Partly from?
14 MR. KEEGAN: Yes, Your Honour. Let me make
15 sure that I'm not confused.
16 JUDGE SHAHABUDDEEN: So I understand --
17 MR. KEEGAN: Deal with the appellant's appeal
18 in the first instance, their submissions, then our
19 submissions -- our response to their appeal.
20 JUDGE SHAHABUDDEEN: So we will hear those
21 two appeals together?
22 MR. KEEGAN: No, Your Honour, not our appeal,
23 just our response to their appeal issues.
24 JUDGE SHAHABUDDEEN: Then you will have to
25 have three appeals, three hearings.
1 MR. CLEGG: Yes.
2 MR. KEEGAN: Well, three segments. We
3 believe they can all be dealt with in the same hearing,
4 that is, the same set of days that are structured, but
5 for logical purposes, we think that to deal with the
6 appellant's submissions, our response to that, then,
7 second, deal with our appeals issues as to --
8 JUDGE SHAHABUDDEEN: What does the note-taker
9 write on his record? Which case does he write on his
11 MR. KEEGAN: It would be the same case and
12 the briefs are labelled as appellant's notice of
13 appeal, we are cross appellant, and it could be
14 referred to that way. So we would deal with
15 appellant's notice of appeal and our response to that,
16 similar to what we're dealing with today; then we would
17 deal with the cross appellant's notice --
18 JUDGE SHAHABUDDEEN: Then, finally, the
19 sentence appeal.
20 MR. KEEGAN: Then, finally, the sentencing
22 JUDGE SHAHABUDDEEN: The document kept by the
23 recorder would state each appeal separately at
24 different stages; is that your vision of it,
25 Mr. Clegg?
1 MR. CLEGG: Yes.
2 JUDGE SHAHABUDDEEN: We accept that format in
3 principle. I imagine we will all recognise a need to
4 refine it as we come to the batting crease; is that
6 MR. KEEGAN: Yes, Your Honour. One point, if
7 I may, so that we can be sure: Is it now the case,
8 based on the ruling today, that the sole grounds of
9 appeal by the appellant are grounds 1 and 3 as stated
10 in the amended notice? That's all we're addressing
12 JUDGE SHAHABUDDEEN: Indeed.
13 MR. KEEGAN: Okay. Thank you, Your Honour.
14 JUDGE SHAHABUDDEEN: That is what is meant by
15 supersession, which I think was the root word used by
16 the appellant in the chapeau of his amended notice of
17 appeal; is that right, Mr. Clegg?
18 MR. CLEGG: It is.
19 JUDGE SHAHABUDDEEN: That what went before
20 goes through the window.
21 MR. KEEGAN: Yes, Your Honour. I just want
22 to make sure there's been some practice here --
23 JUDGE SHAHABUDDEEN: That helps you with your
24 problems about alleged defects?
25 MR. KEEGAN: Yes.
1 MR. CLEGG: The window has had a fair bit
2 thrown through it already, but we were hoping to add to
3 that. There was originally drafted an appellant's
4 response to the respondent's appeal; in other words, it
5 was what the appellant was saying in relation to their
6 appeal against his acquittal in relation to a number of
7 charges. Again, I have refined, produced a new
8 document, which I know has been filed, and we would
9 seek to substitute that in preference to the rather
10 longer document that superseded it. I don't know if
11 Mr. Keegan has any objection to that.
12 MR. KEEGAN: Yes, Your Honour. We have
13 filed, of course, an objection to the submission of a
14 new pleading at this point again on the same basis, and
15 we are not in a position to say whether that, in
16 keeping with your decision of today, could merely be
17 supplanted for the prior submission, because, again,
18 without having an opportunity to look at the substance,
19 we don't know if we would, in fact, desire the right to
20 respond as is normally given. The time for filing of
21 appeal brief has long run, and absent a showing of the
22 necessity, we don't believe it should be accepted at
23 this late stage.
24 JUDGE SHAHABUDDEEN: On that matter, you are
25 referring here to the documents filed by the appellant
1 I think on the 21st?
2 MR. KEEGAN: 19th of January, Your Honour.
3 JUDGE SHAHABUDDEEN: 19th of January, to
4 which you have made objection.
5 MR. KEEGAN: Correct, Your Honour.
6 JUDGE SHAHABUDDEEN: Well, the Chamber will
7 consider that, and if it has a decision to make, it
8 will make it in the usual way between now and the 19th
9 of April, in good time for anybody who is interested in
10 taking consequential measures.
11 MR. KEEGAN: Thank you, Your Honour.
12 JUDGE SHAHABUDDEEN: Have I overlooked some
13 matter which is of relevance and importance to the
15 I turn to my colleagues.
16 The bench is content, the bar is content, and
17 the proceedings are adjourned.
18 --- Whereupon proceedings adjourned at
19 1.15 p.m., to be reconvened on Monday,
20 the 19th day of April, 1999, at
21 10.00 a.m.