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Where one accused’s counsel lacked right of appearance, the court may separate trials and set that accused’s trial aside.
Criminal procedure – joint trials – effect of one accused’s legal representative lacking right of appearance – whether entire multi-accused trial void or only proceedings as to affected accused. Attorneys Act s8(4)(a) – candidate attorney’s right to appear lapses on expiry of articles or after six months unless admitted. Separation of trials – Criminal Procedure Act s157(2) – discretionary, fact-specific inquiry into prejudice and interests of justice. Case law – Gwantshu distinguished; automatic blanket setting-aside of entire trials rejected.
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