S v De Almeida (1) (CA 6 of 2001) [2010] NAHC 193 (19 November 2010)

S v De Almeida (1) (CA 6 of 2001) [2010] NAHC 193 (19 November 2010)

Postponement is granted to allow proper reconstruction of the trial record using affidavits from witnesses, as per established procedure; incorporation of police witness statements as deemed testimony is rejected; remitting for rehearing is impractical and not ordered.

Citation
[2010] NAHC 193
Parties
Appellant: José Americo de Almeida; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 November 2010
Case Number
CA 6 of 2001
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Record Reconstruction and Postponement
Outcome
Postponement granted for record reconstruction; application to incorporate police statements as deemed testimony refused; remitting for rehearing not ordered.
Legal Topics
Record Reconstruction, Appeal Procedure, Postponement, Condonation
Source Language
English
Criminal Law Criminal Procedure Record Reconstruction Appeal Procedure Postponement Condonation

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Parties

José Americo de Almeida

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Ruling on Record Reconstruction and Postponement

Legal Issues

  1. 1 Whether further postponement should be granted to allow reconstruction of the trial record
  2. 2 Whether police witness statements can be incorporated into the record and deemed as testimony
  3. 3 Whether the matter should be remitted for rehearing of missing evidence

Ratio Decidendi

Postponement is granted to allow proper reconstruction of the trial record using affidavits from witnesses, as per established procedure; incorporation of police witness statements as deemed testimony is rejected; remitting for rehearing is impractical and not ordered.

Court Disposition

Postponement granted for record reconstruction; application to incorporate police statements as deemed testimony refused; remitting for rehearing not ordered.

Orders

  • Matter postponed to a date in first term of 2011 to be arranged with Registrar.
  • Clerk of the Court, with Prosecutor-General's assistance, to obtain affidavits from specified witnesses to prove evidence adduced at trial.