The accused was charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He tendered a plea of not guilty.
The facts are that the deceased was the accused’s daughter and she was aged seven years. Between 21 and 23 September 2011 the accused assaulted the deceased with a bamboo stick. The deceased sustained injuries which the accused treated using some herbs. The deceased succumbed to the injuries on 28 September 2011. The post-mortem report noted that the deceased had cuts, grazes and bruises all over the body, with internal bleeding. The cause of death... More
This matter was referred for review by the court a quo with the following comments:
“This matter came before me for trial denovo on the 4th of July 2016. The matter was being dealt with by my brother magistrate Mr E Makomo, who recused himself at the close of the state case because of reasons contained of record. The legal practitioners of the accused argued that I could not deal with the trial without the proceedings of my brother magistrate being set aside by the High Court. More
The two accused persons were jointly indicted for trial in the High Court on 10 January 2011 on a charge of fraud. They were initially charged with three others whose charges have since been withdrawn before plea with a view of turning them into State witnesses. More
The five accused persons were jointly indicted for trial in the High Court on 10 January 2011 on a charge of fraud. At the commencement of their trial the prosecutor advised the court that she was withdrawing charges against the third, fourth and fifth accused before plea. Their respective legal practitioners accepted the withdrawal of charges against their clients before plea More