emmanuel bernard vs the republic 2023 tzhc 21290 29 september 2023
The trial was a nullity because the appellant was not called upon to plead to the amended charge after DPP consent and certificate were issued, and was not afforded the right to be heard under section 226(2) of the CPA after conviction in absentia. These procedural irregularities vitiated the entire proceedings.
Source excerpt
- Unlawful possession of government trophy
- Unlawful possession of weapon
- Trial in absentia
- Plea to amended charge
- Procedural irregularity
- Right to be heard