Mathes vs Samseedin – clr volume 2 page 161

The case between Mathes and Samseedin addressed the jurisdiction of police magistrates in determining pleas of self-defence in criminal proceedings not summarily triable by law. The key issue involved whether a police magistrate possesses the authority to adjudicate self-defence at the stage of discharge when sufficient evidence exists for committal to trial, and whether an order labeled as acquittal but in substance a discharge under section 168 of the Criminal Procedure Code is appealable. It was held that a police magistrate is not empowered to determine probable defences such as self-defence in such circumstances and that, where evidence exists for trial, the accused must be committed for trial before a competent court. The principle reaffirmed is that preliminary judicial proceedings