Responding on point of law, Agabi said day-to-day trial was impracticable and that under section 396(4) of ACJA, the defendant was entitled to seek adjournment five times throughout the period of the trial in the event of the impracticability of day-to-day trial.
But ruling, Justice Tsoho agreed with the defence lawyer on the grounds that the provision of the constitution overrides the provision of the ACJA.
He said that the time and facilities which the provision of Section 36(6) of the constitution provides must be afforded the accused person which could extend to “emotional and psychological” readiness
