Re Joseph Mavuk [1980] PNGLR 507

• Jurisdiction: Papua New Guinea
• Citation: [1980] PNGLR 507
• Date: 05 December 1980
• Docket Number: Supreme Court Reference No 3 of 1980
• Court: Supreme Court
• Year: 1980

Full Title: Supreme Court Reference No 3 of 1980; Re Joseph Mavuk [1980] PNGLR 507

Supreme Court: Kidu CJ, Greville–Smith J, Pratt J

Judgment Delivered: 5 December 1980

1 Constitutional law—right of accused person to defence "counsel of his choice"—not absolute—Constitution s37(4)(e)—legal ethics—"choice" being barrister and solicitor earlier involved in case as Deputy State Solicitor and State Prosecutor—reference under Constitution s18

2 CRIMINAL LAW—Practice and procedure—Legal representation of accused—Right to defence "counsel of his choice"—Choice subject to proper exceptions—Legal ethics—Counsel of choice earlier involved on prosecution side of case—Discretionary power in court to refuse permission to appear—Constitution, s37(4)(e).

S37(4)(e) of the Constitution provides that a person charged with an offence, "shall be entitled to defend himself before the court in person or, at his own expense by a legal representative of his own choice . . . "

Held:

(1) The right of an accused person under s37(4)(e) is not absolute; his "choice" is subject to all proper exceptions.

(2) Proper exceptions include cases where counsel...