R v Mafeka (CRI/T 10 of 95) [1996] LSHC 109 (31 October 1996)

R v Mafeka (CRI/T 10 of 95) [1996] LSHC 109 (31 October 1996)

The absence of a sworn interpreter during the preparatory examination rendered the depositions unsworn and inadmissible, resulting in no proper committal for trial. The accused was not properly before the court, and the indictment must be quashed.

Citation
[1996] LSHC 109
Parties
Prosecution: Rex; Accused: Ts'eliso Mafeka
Court
High Court
Jurisdiction
Lesotho
Judgment Date
31 October 1996
Case Number
CRI/T 10 of 95
Procedural Posture
Criminal / Preliminary Objection Before Plea
Outcome
indictment quashed
Legal Topics
Murder, Committal for Trial, Sworn Interpreter Requirement, Admissibility of Evidence
Source Language
English
Criminal Law Constitutional Law Evidence Murder Committal for Trial Sworn Interpreter Requirement Admissibility of Evidence

Case Brief

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Parties

Rex

Prosecution

Ts'eliso Mafeka

Accused

Procedural Posture

Criminal / Preliminary Objection Before Plea

Legal Issues

  1. 1 Whether the preparatory examination was valid without a sworn interpreter
  2. 2 Whether the accused was properly committed for trial before the High Court
  3. 3 Whether the indictment should be quashed due to procedural irregularity

Ratio Decidendi

The absence of a sworn interpreter during the preparatory examination rendered the depositions unsworn and inadmissible, resulting in no proper committal for trial. The accused was not properly before the court, and the indictment must be quashed.

Court Disposition

indictment quashed

Orders

  • The indictment is quashed. The Crown may take such steps as it deems fit, including summary trial if it wishes.