Ferguson v Attorney General of Trinidad and Tobago

Details

Type: Case

Citation: [2001] UKPC 3

Summary: Murder charge — Prosecution failing to disclose certain witness statements to appellant before or at preliminary enquiry — Breach of prosecution’s common law duty of disclosure — Constitutional guarantees of due process, protection of the law and fair hearing were of generous width capable of covering unfairness in treatment of an accused at a preliminary enquiry, but whether those guarantees breached had to be judged on a realistic assessment of the proceedings considered as a whole — Under constitution no implied right of disclosure — Appellant’s constitutional rights not infringed

Author:

Court: PC

Jurisdiction: Trinidad and Tobago

Date 2001