JAPHET DUBE versus T GWAZEMBA and THE PROSECUTOR GENERAL

HH-127-18

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Case Details

Court

Harare High Court

Date

8 March 2018

Citation

HH-127-18

Neutral Citation

[2018] ZWHH 127

Outcome

unknown

Case Type

Review

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI JZHOU J

Areas of Law

Criminal ProcedureRoad Traffic LawEvidence Law

Keywords

ReviewInspection in locoRe-examinationNegligent drivingRoad Traffic Act

Key Issues

{"issue_text":"Whether the magistrate properly allowed inspection in loco during re-examination of witness","issue_type":"procedural","dispositive":"yes","related_facts":"State prosecutor's application for inspection during re-examination, applicant's objection, magistrate's ruling"}
{"issue_text":"Whether the proceedings should be set aside due to irregularity in allowing fresh evidence during re-examination","issue_type":"procedural","dispositive":"yes","related_facts":"Inspection in loco conducted, evidence observed by magistrate, prejudice to applicant's defence"}

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Facts of the Case

Background

Applicant Japhet Dube faces charge of negligent driving under Road Traffic Act. During trial, magistrate allowed state prosecutor to conduct inspection in loco of witness's vehicle during re-examination over applicant's objection. Applicant applied for review arguing this was improper introduction of fresh evidence.

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