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CONSTITUTIONAL ISSUES - Procedural rights

Wednesday, August 22, 2018 @ 8:42 AM  

Application by the accused, charged with sexual assault and sexual interference, to exclude a DNA sample taken from him from evidence. Two officers attended at a remand centre to obtain a DNA sample from the accused pursuant to a DNA warrant. Their interaction was audio recorded. The officers gave the accused an opportunity to read the warrant and informed him of his right to counsel. The accused interrupted and asked for his lawyer to be present. He was told he did not have the right to...