Mohammed Arshad v. Her Majesty's Advocate [2006] HCJAC 28

Description

On 6 November 2003 at the High Court in Edinburgh the appellant was convicted of a charge of breach of the peace and a charge of incitement to murder. The charge of breach of the peace involved the uttering of threats against the appellant's son-in-law, Abdullah Yaseen and members of his family. On 4 December 2003 the appellant was sentenced to seven years imprisonment in cumulo with effect from 6 November 2003. The grounds of appeeal were:- "The trial judge erred in refusing a motion to adjourn the trial. The motion was made because an essential defence witness was ill and unable to travel from the United States of America to give evidence. The information available suggested that he would have been fit to give evidence by January 2004. His evidence was relevant to the central issues at the trial..." and the Appellant was denied a fair trial. The court here looked at whether the judge at first instance had been correct to refuse the adjournment thus denying the Appellant use of his expert witness at the trial.

Specifications