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The Attorney General can also require a case to be tried by the higher court with a jury: section 568.
However, a year later, with no new evidence, an appellate court with a jury convicted the pair.
The case was transferred to the Sydney Supreme Court with a jury of three women and nine men.
The constitution says that political prisoners should be tried in open court with a jury, but the defendants are being tried in a closed court by a judge who is effectively also the prosecutor.
Interesting is the fact that the Disciplinary college used to deal with disciplinary records of popular courts, chairman and members of military courts, members of Supreme Court with a jury made of 1 Chairman or the vice chairman and 2 members of Supreme Court appointed by the Chairman.