| 22/5/2012 |
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| Board of Special Commissioners - Cases |
| Case No. 58a/85 |
Decided: 10 November, 1986 |
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The Board did not accept the Commissioner's request that the records presented by appellant be handed over to him for "close scrutiny", holding that these were to be kept by the Board so that both parties could examine at will
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A witness had presented a number of diaries to the Board. The Commissioner insisted that these be handed over to him for "close scrutiny" but the witness objected. He said that he was ready to present photocopies of the relevant parts of the said diaries to the Commissioner. The Board agreed with the witness and held that the diaries themselves were to be kept by the Board so that both parties and the Board would be in a position to verify as required.
The Commissioner entered an appeal from this Board decree. The Court upheld the Board decision stating that there was no legal basis for the Commissioner's request. According the Commissioner's request would tantamount to unfair advantage. On the other hand not according the request would not prejudice the Commissioner's rights.
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