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The High Court rejected a second accused’s cautioned statement for non-compliance with mandatory statutory requirements and improper certification.
The court found that the cautioned statement was recorded within the permissible time frame and in compliance with section 57(4) of the Act. The objections raised by the Defence were overruled as the statement was properly authenticated and the cited precedents were distinguishable.
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Non-compliance with sections 230 and 231(1) of the Criminal Procedure Act by the trial court is fatal to the proceedings, especially where the accused is unrepresented and charged with a serious offence. The appellant was not properly informed of his rights, and the prosecution case was not properly closed, rendering the proceedings null.
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Non-compliance with section 234(2)(b) of the Criminal Procedure Act, by failing to inform the accused of his rights after amendment of the charge, vitiates all subsequent proceedings, including conviction and sentence, which must be nullified.
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The Court of Appeal nullified a criminal trial for failure to comply with section 231(1) of the Criminal Procedure Act and ordered the appellant’s release.
The High Court limited disclosure of witness statements in a criminal revision, holding that only statements meeting the Criminal Procedure Act conditions must be supplied.
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