The Gazette 1973

Judge 'did not nod off' An allegation that Mr. Justice Crichton fell asleep while hearing a murder trial was rejected by the Court of Appeal. Counsel for two brothers convicted of murder asked for a new trial saying that the Judge had nodded ofT. He had been "manifestly asleep" during an important part of the trial, Mr. Oliver Martin, QC, claimed. But the Lord Chief Justice, Lord Widgery, sitting with Lord Justice Phillimore and Mr. Justice Talbot, said the court could say with confidence that the Judge was not asleep. The Judge's summing-up had been "impeccable," Lord Widgery declared. So he must have been awake. "A comparison of transcripts of the Judge's sum- ming-up and the evidence given in the case, showed that Mr. Justice Crichton did not miss a point: He was definitely not asleep," the Lord Chief Justice added. The court dismissed appeals by Keith Langham (20), and his brother, Alan David (22), against con- viction at Lewes Assizes on November 29th. The brothers, of Eastbourne, were jailed for life by Mr. Justice Crichton after they had been found guilty of murdering Mr. Levett at his home in Hastings, on

June 26th last year. Mr. Levett had been stabbed 14 times. During the hearing in London, Mr. Oliver Martin, QC, counsel for Keith Langham, read a sworn state- ment by Mr. David Chivers, a solicitor. Mr. Chivers contended that during a 15-minute period on the morning of the last day of the trial the Judge's eyes were shut, his head was nodding and he was manifestly asleep. Mr. Chivers, a solicitor acting on behalf of the de- fence, alleged that that was during the examination in chief and cross-examination of the brother, Alan. He also alleged that after the lunchtime adjournment Mr. Justice Crichton fell asleep again. Mr. Martin contended that it appeared to observers that the Judge was asleep and that that was an ir- regularity in the trial. "It is important that a trial look as if it is being conducted properly. Appearances do count." Mr. Basil Wigoder, QC, counsel for Alan Langham, submitted that if it was upheld that the Judge had fallen asleep, the brothers should have a fresh trial. {The Guardian)

THE REGISTER

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REGISTRATION OF T I TLE ACT, 1964 Issue of New Land Certificates

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An application has been received from the registered owner mentioned in the Schedule hereto for the issue of a land certificate in substitution for the original land certificate issued in respect of the lands specified in the Schedule which original land certificate is stated to have been lost or in- advertently destroyed. A new certificate will be issued unless notification is received in the Registry within twenty-eight days from the date of publication of this notice that the original certificate is in existence and in the custody of some person other than the registered owner. Any such notificatio should state the grounds on which the certificate is being held. Dated this 31st day of January 1973. D. L. MCALLISTER, Registrar of Titles Schedule (1) Registered Owner: Charles Conlon; Folio No.: 171; Lands: Carrickaldragh; County: Monaghan; Area: 54a 3r 15p. (2) Registered Limited Owner: Catherine Doherty; Folio No.: 189; Lands: Drumhamam; County: Monaghan; Area: 17a. 2r. 35p. (3) Registered Owner: Daniel Gallagher; Folio No.: 420R; Lands: Ardnableask; Area: 6a. 2r. 18p.; Lands: Tawnawully Mountain; Area: 1/151st part of 5509 a. 3r. 32p.; Lands: Friarsbush; Area: l/151st part of 3a. lr. 17p.; Lands: Ardinawank; Area: 1 /151 st part of 8a. Or. 3p.; Lands: Goladoo; Area : 1/151st part of 2a. Or. 35p.; County: Donegal. (4) Registered Owner: Catherine Gallagher; Folio No.: 520R; Lands: Ardnableask; Area: 2a. 2r. 22p; Lands: Tawna- wully Mountain; Area: 1 /151 st part of 5509a. 3r. 32p.; Lands: Friarsbush; Area: l/151st part of 3a. lr. 17p.; Lands: Ardinawank; Area: l/151st part of 8a. Or. 3p.; Lands: Goladoo; Area: l/151st part of 2a. Or. 35p.; County: Donegal.

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