The Ministry of Labour sought leave to appeal an acquittal of the respondent on a charge of failing to guard a machine under section 25 of the Regulations for Industrial Establishments.
The justice of the peace had acquitted the respondent, finding that workplace procedures and enhancements precluded the need for a physical guard.
The Court of Appeal granted leave to appeal, holding that whether workplace rules can substitute for a physical guard raises a question of law and that it is essential in the public interest to determine this issue.
