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Hatibu s/o Nyatika v. R., Crim. App. 498-D-67, 4/8/67, Hamlyn J.

Hatibu s/o Nyatika v. R., Crim. App. 498-D-67, 4/8/67, Hamlyn J.

Accused was convicted of house breaking and stealing. Act the trial, after the close of the defence case, the Court called a witness and took his evidence.

            Held: (1) “Except in most unusual circumstances, prosecution evidence cannot be called after the defence case has closed. …..” Even where such a procedure is justified as, for example, in rebuttal of an alibi unexpectedly raised during the defence ---the greatest care must be exercised by the Court. In the present case, the procedure was wholly improper. (2) The testimony admitted was unnecessary, ineffective and was not mentioned in the judgment, and its introduction did not prejudice accused. Appeal dismissed.


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