C (Appeal of)

 
FREE EXCERPT

1999 WJSC-CMAC 648

THE COURTS-MARTIAL APPEAL COURT

O'Flaherty J.

O'Hanlon J.

Geoghegan J.

3CM/94
C (APPEAL OF)
APPEAL OF C.
1

Ruling of the Courts-Martial Appeal Court delivered on the 5th December, 1994 byO'FlahertyJ.

O'FlahertyJ.
2

A question has been raised as to whether this appeal should be heard with the public excluded. The Convening Authority pursuant to Section 194(2) of the Defence Act,1954ordered that in the interests of public morals the proceedings before the Court Martial should be held in private.

3

There is no power given in the Courts Martial Appeals Act,1983to exclude the public. However, Mr. Mill-Arden relies on Section 10 and 18 of that Act to exclude the public. Neither of these sections has any mention of a power to exclude the public but his argument goes as follows: since the original hearing was held with the public excluded if the appeal were to be held with the

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