THE STATE v TEKERE AND OTHERS (2) 1980 ZLR 489 (G)
Citation | 1980 ZLR 489 (G) |
Case No | Details not supplied |
Court | General Division, Salisbury |
Judge | Pittman, J, and assessors |
Heard | 22nd September, 3rd-7th November, 10th-14th November, 17th-20th November, 1980; 8th December, 1980 |
Judgment | 8th December, 1980 |
Counsel | L J Blom-Cooper, QC, with him N J McNally for the accused. |
Case Type | Criminal Trial |
Annotations | Link to case annotations |
Flynote
Statutes — Indemnity and Compensation Act, 1975 — section 4 — meaning of "terrorism" — "Minister" not to be restrictively interpreted — burden of proof rests on accused — act is in good faith if predominant motive is suppression of terrorism.
Criminal law — obedience to orders of superior officer — soldiers during state of emergency in no different position to those on active service — illegal order can form basis of defence — defence available to accused unless he personally ought to have realized order was illegal.
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