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David Mwita s/o Paulo v. R. Crim. App. 560, 561-M-66; 18/4/67; Platt, J.
Accused were convicted of cattle theft. The trial was heard by two magistrates, the first having heard the witnesses for the prosecution, and the second the witnesses for the defence. Testimony of the witnesses was in direct conflict as to material matters.
Held: The outcome of the case depended entirely upon an evaluation of the credibility of the witnesses. In these circumstances, the magistrate erred in accepting the testimony of the prosecution witnesses whom he had never seen. The trial should have been started de novo.
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