S v DZORA & ANOR 1995 (1) ZLR 195 (S)
Citation | 1995 (1) ZLR 195 (S) |
Case No | Judgment No. S-35-95 |
Court | Supreme Court, Harare (sitting as Court Martial Appeal Court) |
Judge | McNally JA, Korsah JA & Ebrahim JA |
Heard | 2 March 1995 |
Judgment | 21 March 1995 |
Counsel | T Biti for the appellants |
Case Type | Appeal from a general court martial |
Annotations | No case annotations to date |
Flynote
Military law — courts martial — procedure to be followed — statement recorded before court martial by officer taking summary of evidence — admissible at court martial in same circumstances as would be evidence given at a preparatory examination
Military law — Defence Act [Chapter 94] — First Schedule, para 36 — scandalous conduct by officer — sexual liaison with wife of another officer — covered by the paragraph
Criminal procedure — joint trial — when more than one person may be tried jointly for separate offences — Criminal Procedure and Evidence Act [Chapter 59] - s 145A - failure by prosecutor to inform court that evidence against one accused would be admissible against other — whether a fatal irregularity
Criminal procedure — preparatory examination — statement of witness taken at preparatory examination — witness unable to be found to give evidence at trial — court's discretion to allow statement to be admitted — Criminal Procedure and Evidence Act [Chapter 59]-s 241
Evidence — adultery — nature of evidence required — only necessary to establish facts from which a reasonable mind could infer that sexual relations had taken place — confession of adultery — when may be admitted
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