The appellant was originally charged with rape. Having gone through most of the evidence the prosecution decided that they did not have enough evidence and that two of their witnesses were not present. The prosecutor then applied to withdraw the case.
Held:
(i) An application by a prosecutor to withdraw a case must not be allowed by a magistrate without good and sufficient reason. The easy giving of withdrawals and adjournments adds to the expense of trials, the time they take and clutters up the courts.
