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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V12) 1 CLR 90
1927 March 23
[DICKINSON, ACTING C.J. AND LUCIE-SMITH, ACTING P.J.]
FOREST DEPARTMENT
v.
YANNI LOIZO
LAW 22 OF 1879, SECTION 6 AND SECTION 28-LAW 8 OF 1881, SECTION 11-PROCEDURE ON PLEA OF NOT GUILTY-CYPRUS COURTS OF JUSTICE ORDER, CLAUSE 76.
S. Pavlides for Appellant.
Solicitor-General for the Crown.
Appellant was charged with an offence under section 6 (h) of Law 22 of 1879, submitted to jurisdiction, and pleaded not guilty, which plea was recorded. Appellant's advocate then admitted the facts and stated that the locality where the alleged trespass occurred was not included in the permit held by the accused. The prosecution admitted that the accused did in fact hold such a permit. On these admissions Court without hearing any evidence for the prosecution called on accused to prove that he had a special agreement with the Principal Forest Officer.
Solicitor-General submitted that in view of the admissions the burden of proof was thrown on accused under section 11 of Law 8 of 1881.
HELD: That clause 75 of the Cyprus Courts of Justice Order in Council, 1882, lays down the procedure to be followed in the event of an accused person pleading not guilty, and that that Order is to be followed in preference to earlier legislation.
Query: Whether this does not also apply to subsequent legislation. See Police v. Nissiforo Sava.
Police v. Michael Yorgho Katsiamali, Vol. 10, C.L.R., p. 92, referred to.
Further held that the charge should have been brought under section 28 of Law 22 of 1879, which defines a specific offence by a person holding a permit and not under section 6 which deals with a person not holding such a permit.
Appeal allowed, Conviction and sentence set aside on ground of irregularity.