In this case a request for permission to appeal was referred to the Full Court on the issue of the refusal of the complainant to hand over her mobile where there was a clear issue of relevance with regard to text messages and in view of criticisms made over disclosure .
The Court concluded that the refusal was one which attracted legitimate comment from the Trial Judge who had done everything possible to ensure fairness .
Importantly the Court emphasised that it could not be drawn into speculation as to what text messages might have be found - Appellants be aware of falling into the trap of speculating up a ground of appeal