S v Katsamba (2) (CC 14 of 2018) [2021] NAHCNLD 39 (16 April 2021)

S v Katsamba (2) (CC 14 of 2018) [2021] NAHCNLD 39 (16 April 2021)

The objection was dismissed because the State disclosed the witness statement as soon as it was available, the accused refused to accept it, and no specific prejudice was demonstrated. The accused and his counsel had the statement before the witness was called, and any issues could be addressed in cross-examination. There was no unfairness or violation of the right to a fair trial at this stage.

Citation
[2021] NAHCNLD 39
Parties
Prosecutor: The State; Accused: Tatenda Katsamba
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
16 April 2021
Case Number
CC 14 of 2018
Procedural Posture
Criminal / Interlocutory Objection During Trial
Outcome
Objection dismissed
Legal Topics
Disclosure of Evidence, Right to Fair Trial, Witness Procedure, Criminal Procedure
Source Language
English
Criminal Law Constitutional Law Disclosure of Evidence Right to Fair Trial Witness Procedure Criminal Procedure

Case Brief

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Parties

The State

Prosecutor

Tatenda Katsamba

Accused

Procedural Posture

Criminal / Interlocutory Objection During Trial

Legal Issues

  1. 1 Whether the State can call a witness whose statement was not disclosed before plea
  2. 2 Whether late disclosure of a witness statement amounts to trial by ambush and infringes the accused's right to a fair trial

Ratio Decidendi

The objection was dismissed because the State disclosed the witness statement as soon as it was available, the accused refused to accept it, and no specific prejudice was demonstrated. The accused and his counsel had the statement before the witness was called, and any issues could be addressed in cross-examination. There was no unfairness or violation of the right to a fair trial at this stage.

Court Disposition

Objection dismissed

Orders

  • The objection against the State calling the witness Edward Natangwe is dismissed.