S.L. 220.4 · Rules Of Procedure (S.L. 220.4)
S.L. 220.4 Art. 25Objections to the court.
(1) The order convening the court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall be given an opportunity to object to any of those officers in accordance with article 98 of the Act.
(2) When a court is convened to try more than one accused whether separately or jointly, each accused shall be given an opportunity to object to any officer of the court in accordance with the preceding sub-rule and shall be asked separately whether he has any such objection.
(3) An accused shall state the names of all the officers to whom he objects before any objection is disposed of.
(4) If more than one officer is objected to, the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first, except where the president is objected to, in which case the objection to him shall be disposed of before the objection to any other officer.
(5) An accused may make a statement and call any person to make a statement in support of his objection.
(6) An officer to whom the accused has objected may state in open court anything relevant to the accused’s objection whether in support or in rebuttal thereof.
(7) An objection to an officer shall be considered in closed court by all the other officers of the court including any officer who has been appointed by the president in accordance with sub-rule (9) in place of an officer who has retired.
(8) When an objection to an officer is allowed that officer shall forthwith retire and take no further part in the proceedings.
(9) When an officer objected to (other than the president) retires and there is a duly qualified waiting member in attendance, the president should immediately appoint him to take place of the officer who has retired.
(10) The court shall satisfy themselves that a waiting member who takes the place of a member of the court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with this rule.
(11) If an objection to the president is allowed the court shall report to the convening officer without proceeding further with the trial.
(12) If as the result of the allowance of an objection to a member there are insufficient officers available to form a court in compliance with the Act the court shall report to the convening officer without proceeding further with the trial and the convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh court to try the accused.