The appellants challenged an order dismissing a certiorari application arising from a preliminary inquiry committal in a homicide prosecution.
The Court of Appeal held that the preliminary inquiry judge exceeded her limited jurisdiction by choosing between competing inferences reasonably available on the evidence and by preferring the inference favourable to the appellants.
The court also rejected the argument that the evidence was incapable of placing one appellant within the scheme to do violence, holding that any relative weakness in the evidence was irrelevant at the committal stage.
The appeals were dismissed.
