Not so long ago a s.4 charge was listed against a defendant based upon the statements of the only two prosecution witnesses; the complainants. One of them had a verified and very acceptable reason for her non appearance with only minimal notice. On the basis that without her evidence the prosecution would struggle to win their case an application to adjourn was made. Defence lawyer was quickly on his feet asking us to consider it a joint application on the grounds that his client would be prejudiced by that complainant`s not being available for cross examination. We agreed the adjournment wondering what was in the absentee`s statement to bring about such a decision.
Sitting as a magistrate is rarely if ever a formulaic event even in the most mundane and repetitive of situations.
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