Read the full judgment text of FAMC 000028/2004 on BabelCite. This FAMC judgment was delivered on 5 November 2004.
1. In our view, it is reasonably arguable that the refusal to award the applicant costs constituted a substantial and grave injustice on two grounds. The first arguable ground is the directions as to flight are not to be seen as merely technical. And the second arguable ground is that, even if those directions were merely technical, it cannot be said that it is more probable than not that the jury acquitted because of them. Indeed that trial judge did not say that it is more probable than not