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High Court of Malawi - 1999 December

2 judgments
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2 judgments
December 1999
Maulidi v Republic (MISC Criminal Application 222 of 1999) [1999] MWHC 13 (22 December 1999)
22 December 1999
Mputahelo v R (Criminal Appeal 28 of 1999) [1999] MWHC 7 (8 December 1999)
Convictions quashed where hearsay and unauthenticated secondary documents, and failure to call a vital witness, rendered the case unsafe.
  • Criminal law — theft and obtaining property by false pretences — admissibility of hearsay — admissibility and authentication of secondary documentary evidence (computer printouts, photocopies) — compliance with Documentary Evidence Rules and Authentication of Documents Act — duty to call vital witness — burden to negative consent — fair trial and cross-examination obligations
8 December 1999