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The High Court allowed a criminal appeal, quashed convictions for stealing animals, set aside the sentences, and ordered release after finding evidentiary and procedural defects.
The Court held that for a foreign document to be admissible under section 38(2) of the Mutual Assistance in Criminal Matters Act, it must satisfy one condition from subsection (a) and one from subsection (b), not all conditions cumulatively. However, the documents in question failed to meet these requirements because they were certified or sealed by individual states within the United States, not by the United States of America as a country. The affidavits were also inadmissible as they did not comply with the statutory requirements and affidavit evidence is not generally permitted in crimina…
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For a foreign document to be admissible under the Mutual Assistance in Criminal Matters Act, it must satisfy one condition from section 38(2)(a) and one from section 38(2)(b), not all conditions cumulatively. However, documents certified or sealed by individual states of the USA do not satisfy the requirement of being from a 'foreign country' as intended by the Act. Affidavits are not admissible in criminal proceedings unless they meet the statutory exceptions, which were not present in this case.
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