The appellant, a police officer, appealed his convictions for assault causing bodily harm and uttering a threat against an intoxicated person in custody.
At trial, the parties agreed that a crucial portion of an audio surveillance recording was inaudible, and the appellant testified to what he had said.
During deliberations, the trial judge re-listened to the recording, concluded the appellant had said something materially different, and used this finding to reject his credibility and convict him without reopening the trial.
The Court of Appeal held that this denied the appellant the opportunity to make full answer and defence, constituting a denial of natural justice.
The appeal was allowed and a new trial ordered.
