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Court of Appeal held that a magistrate’s failure to decide promptly on recalling witnesses after takeover rendered the trial a nullity and declined a retrial.
The Court of Appeal nullified a murder conviction because the retrial proceeded on a defective information naming other accused persons who were not before the court.
The amendment of the charge sheet after closure of the prosecution case, without a fresh plea and opportunity for the accused to respond to the new particulars, was a fatal procedural irregularity that vitiated the trial from the point of amendment. The president had power to amend, but the procedure adopted prejudiced the accused and rendered subsequent proceedings a nullity.
Source excerpt
The High Court allowed a criminal appeal, holding that a magistrate’s failure to comply with section 196(1)(a) of the Criminal Procedure Code was a fatal irregularity.
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