Minutes:
At the commencement of the hearing Mr Somarakis of Gordon Dadds Solicitors, representing Mr Balbir Singh, made an application for a deferral of the hearing due to the inclusion of statements within the Committee papers that in his opinion should not have been included. He was concerned that these statements could prejudice Mr Singh’s right to a fair hearing and requested that the review application be decided by a newly constituted Sub-Committee.
The Sub-Committee adjourned to consider the application and, following advice from Mr Toru, Solicitor for the Sub-Committee, determined that there would be no breach of Article 6 of the European Convention of Human Rights (the right to a fair trial) should the hearing continue. The request for a fresh hearing was rejected.
During the presentation of evidence by Thames Valley Police Officers, further verbal information was divulged which was not included in the police’s written representations circulated to the parties before the hearing. Given the nature of this addition information Mr Somarakis made a further application for a deferral, on the grounds that this information should not have been disclosed and would prejudice Mr Singh’s right to a fair hearing. The Sub-Committee accepted this second application and determined that the hearing be adjourned until such time as a newly-constituted Sub-Committee could be convened.
Resolved- That the hearing of the Premises Review be rescheduled for determination by a newly convened Sub-Committee with new Members.