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Failure by the successor magistrate to address parties on continuation of trial and improper admission of exhibits without endorsement and signature are fatal irregularities that vitiate the entire proceedings, requiring nullification and retrial.
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The High Court nullified probate proceedings after finding defective recording of evidence, missing exhibit admission, and denial of the right to be heard.
The appellant's plea of guilty was unequivocal, the charge and facts were understood, any typographical errors in the charge sheet were harmless and curable, the exhibits were properly admitted and read out, and the sentence imposed was the statutory minimum; thus, the appeal lacked merit and was dismissed.
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The Court of Appeal allowed a burglary and theft appeal after finding key exhibits were improperly admitted, leaving insufficient evidence to sustain conviction.
The prosecution proved the offence of rape beyond reasonable doubt through the credible testimony of the victim, corroborated by medical and teacher evidence. Minor discrepancies in dates did not prejudice the appellant. The trial court complied with legal requirements for child witness testimony. The PF3 was improperly admitted and expunged, but the remaining evidence sufficed to uphold the conviction.
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The trial court's judgment was a nullity as it relied on documents not properly tendered, admitted, marked, or endorsed, and lacked jurisdiction to handle electronic evidence; all proceedings and decisions are quashed, and the appellant may reinstitute claims in a proper forum.
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Court of Appeal allowed a second criminal appeal for rape, holding that a child witness was not properly examined on voir dire and key exhibits were admitted irregularly.
The conviction was quashed because the trial court failed to comply with mandatory procedures for receiving the evidence of a child of tender years, did not allow the accused to examine or hear the exhibits, and material discrepancies and evidential gaps rendered the prosecution case unproven beyond reasonable doubt.
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The failure to read out exhibits after admission did not render the conviction unsafe, as the appellant's plea was unequivocal and he admitted all material facts; procedural safeguard of reading exhibits is diminished in guilty plea cases unless exhibits introduce facts beyond what was admitted.
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