The requirement that a trial must take place in the presence of the defendant is not limited to physical presence, but also requires a defendant to have available as necessary adequate interpretation. Unless he understood what was going on, he could not be said to have had a fair trial. It is the judge’s duty to ensure effective use of an interpreter. The defendant had made it clear that he had not understood the proceedings, but the Judge had continued. The conviction was quashed.
Citations:
Times 30-Jul-1993, Gazette 13-Oct-1993
Criminal Practice, Human Rights, Commonwealth
Updated: 09 April 2022; Ref: scu.82856