Director of Public Prosecutions vs Lengai Ole Sabaya Others Criminal Appeal No
The denial of the right to cross-examine the second prosecution witness was a fatal irregularity, but only the evidence of that witness should be expunged, not the entire trial. After expunging that evidence, the remaining prosecution evidence did not prove the offence of armed robbery or gang robbery beyond reasonable doubt. The High Court was correct to acquit the respondents, though for different reasons. Consent of the DPP was not required for the offence charged.
Source excerpt
- Armed robbery
- Gang robbery
- Preliminary hearing
- Right to cross-examine
- Variance between charge and evidence
- Standard of proof