Director General For the Prevention of Bribery and Corruption v. Fernando – sllr 1999 volume 3 page 104

In Director-General for the Prevention of Bribery and Corruption v. Fernando, the court addressed the sufficiency of notice under section 23A(4) of the Bribery Act in the context of asset declarations and the authority of the High Court to discharge an accused prior to adjudication on the merits. The findings established that a notice restricted to a limited period (1990–91), when the indictment encompassed a broader timeframe (dating to 1954), was deficient, thereby depriving the accused of a proper opportunity to respond to the entirety of the allegations. It was clarified that such deficiency justifies discontinuance of proceedings and a discharge order based on inherent judicial powers, rather than an acquittal. The decision drew on relevant case authorities and legal principle disting

REF: sllr 1999 volume 3 page 104 Category: Tag:
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