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 been found - Appellants be aware of falling into the trap of speculating up a ground of appeal.