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Appeal — criminal matter — from High Court to Supreme Court — High Court making ruling in relation to application for review of proceedings in magistrates court — no appeal lying against such ruling
The applicant, who was on trial at the magistrates court, applied for discharge at the close of the State case. The magistrate refused the application, so the applicant brought the matter on review before the High Court, which dismissed the application. The applicant then sought leave to appeal to the Supreme Court, in terms of s 44(5)(a) of the High Court Act [Chapter 7:06]. This section allows a dissatisfied party (the accused or the Prosecutor-General) to appeal against an interlocutory order or judgment in relation to any criminal proceedings before the High Court. Leave must be obtained for such appeal.
Held, that the ruling dismissing the application for review was not an interlocutory ruling, but a final one. In any event, the ruling did not relate to proceedings in the High Court, but to proceedings in the magistrates court. The applicant had no right of appeal at this stage, though the right of appeal to the High Court remained, once the proceedings in the magistrates court were complete.
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