Matters can be elaborated upon at the hearing of oral submissions. Furthermore, the course which is most consistent with the rule of law is to let the law take its course. As to the perpetuation of the existing process for dealing with non-legally aided appeals, the Commission submits that further consideration and consultation is required. A better system can be devised. The Taito and Bennett appeals appear to raise serious questions about the lawfulness and validity of the appeal procedure adopted in these cases.
Similar questions seem to arise in relation to a large number of other appeals.
The right of appeal is one of the most important civil rights. The retrospective validation of appeal proceedings which may not themselves have been valid is highly questionable. It is wrong in principle to throw a legislative cloak of regularity over that which may have been irregular. And, if the appeals were irregular, it is equally wrong to deny the opportunity of a further, regular, appeal. It is said that it is unlikely that there has been any miscarriage of justice.