Calling of witnesses by defence (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-06-28T20:41:37Z

Zimbabwe Criminal Defense Manual

@@ Line 7: / Line 7: @@
 It was pointed out in the case of Nyathi HB-90-03 that not every refusal of an adjournment or postponement of a trial to give the defence time to call a witness who is not available at court constitutes a gross irregularity. The question is whether in refusing the adjournment all the material facts were taken into consideration. In this case, the accused abandoned his intention to call his witness after two postponements failed to secure the attendance of the witness.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 13:49, 28 May 2010

2010-05-28T13:49:15Z

← Older revision		Revision as of 15:49, 28 May 2010
Line 6:		Line 6:

	It was pointed out in the case of Nyathi HB-90-03 that not every refusal of an adjournment or postponement of a trial to give the defence time to call a witness who is not available at court constitutes a gross irregularity. The question is whether in refusing the adjournment all the material facts were taken into consideration. In this case, the accused abandoned his intention to call his witness after two postponements failed to secure the attendance of the witness.		It was pointed out in the case of Nyathi HB-90-03 that not every refusal of an adjournment or postponement of a trial to give the defence time to call a witness who is not available at court constitutes a gross irregularity. The question is whether in refusing the adjournment all the material facts were taken into consideration. In this case, the accused abandoned his intention to call his witness after two postponements failed to secure the attendance of the witness.

			== Zimbabwe Criminal Defense Manual ==
			'''Table of Contents'''
			* [[Introduction (Zimbabwe)\| Introduction]]
			* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)\|Defense Lawyer's Role and Responsibilities]]
			* [[Pre-Trial Matters (Zimbabwe)\|Pre-Trial Matters]]
			* [[Jurisdiction of Courts (Zimbabwe)\|Jurisdiction of Courts]]
			* [[Preparing for Trial (Zimbabwe)\| Preparing for Trial]]
			* [[Trial (Zimbabwe)\|Trials]]
			* [[Rules of Evidence (Zimbabwe)\| Rules of Evidence]]
			* [[Criminal Law Code (Zimbabwe)\| Criminal Law Code]]
			* [[Verdict (Zimbabwe)\|Verdict]]
			* [[Sentence (Zimbabwe)\|Sentence]]
			* [[Record of Proceedings (Zimbabwe)\|Record of Proceedings]]
			* [[Appeals (Zimbabwe)\|Appeals]]
			* [[Automatic Review and Scrutiny (Zimbabwe)\| Automatic Review and Scrutiny]]
			* [[Miscellaneous Matters (Zimbabwe)\|Miscellaneous Matters]]

Ddemetriou: Created page with 'The defence is entitled to call witnesses to testify for the defence. In terms of s 229 CPEA if the defence wishes to compel the attendance of a witness it may "take out of the�'

2010-04-15T08:32:49Z

Created page with 'The defence is entitled to call witnesses to testify for the defence. In terms of s 229 CPEA if the defence wishes to compel the attendance of a witness it may "take out of the�'

New page

The defence is entitled to call witnesses to testify for the defence. In terms of s 229 CPEA if the defence wishes to compel the attendance of a witness it may "take out of the office prescribed by the rules of court the process of the court for that purpose". If X wishes to have any witnesses subpoenaed and he satisfies the prescribed officer of the court that he cannot afford to pay the prescribed costs and fees and that such witnesses are necessary and material for his defence, the prescribed officer will subpoena the witnesses.

Defence witnesses who give testimony may be cross-examined by the prosecutor.

X must be allowed to call his witnesses. If his witnesses are not available when he wishes to call them, the proceedings must be adjourned so that he can be given a reasonable opportunity to contact them and ensure that they are available at the resumed hearing.

It was pointed out in the case of Nyathi HB-90-03 that not every refusal of an adjournment or postponement of a trial to give the defence time to call a witness who is not available at court constitutes a gross irregularity. The question is whether in refusing the adjournment all the material facts were taken into consideration. In this case, the accused abandoned his intention to call his witness after two postponements failed to secure the attendance of the witness.

← Older revision		Revision as of 15:49, 28 May 2010
Line 6:		Line 6:

	It was pointed out in the case of Nyathi HB-90-03 that not every refusal of an adjournment or postponement of a trial to give the defence time to call a witness who is not available at court constitutes a gross irregularity. The question is whether in refusing the adjournment all the material facts were taken into consideration. In this case, the accused abandoned his intention to call his witness after two postponements failed to secure the attendance of the witness.		It was pointed out in the case of Nyathi HB-90-03 that not every refusal of an adjournment or postponement of a trial to give the defence time to call a witness who is not available at court constitutes a gross irregularity. The question is whether in refusing the adjournment all the material facts were taken into consideration. In this case, the accused abandoned his intention to call his witness after two postponements failed to secure the attendance of the witness.

			== Zimbabwe Criminal Defense Manual ==
			'''Table of Contents'''
			* [[Introduction (Zimbabwe)\| Introduction]]
			* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)\|Defense Lawyer's Role and Responsibilities]]
			* [[Pre-Trial Matters (Zimbabwe)\|Pre-Trial Matters]]
			* [[Jurisdiction of Courts (Zimbabwe)\|Jurisdiction of Courts]]
			* [[Preparing for Trial (Zimbabwe)\| Preparing for Trial]]
			* [[Trial (Zimbabwe)\|Trials]]
			* [[Rules of Evidence (Zimbabwe)\| Rules of Evidence]]
			* [[Criminal Law Code (Zimbabwe)\| Criminal Law Code]]
			* [[Verdict (Zimbabwe)\|Verdict]]
			* [[Sentence (Zimbabwe)\|Sentence]]
			* [[Record of Proceedings (Zimbabwe)\|Record of Proceedings]]
			* [[Appeals (Zimbabwe)\|Appeals]]
			* [[Automatic Review and Scrutiny (Zimbabwe)\| Automatic Review and Scrutiny]]
			* [[Miscellaneous Matters (Zimbabwe)\|Miscellaneous Matters]]