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Citation
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Judgment date
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| November 2020 |
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The accused were convicted of obtaining money by false pretences, misuse of public office, forgery and uttering false documents.
Criminal law – Obtaining by false pretences; Corrupt Practices Act – misuse of public office; Forgery and uttering false documents; Evidentiary reliance on forensic handwriting analysis and circumstantial/common-intention proof; Burden of proof – beyond reasonable doubt.
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29 November 2020 |
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Registrar taxed applicants’ bill at MWK73,599,329.30, disallowing party costs for in‑house counsel and permitting two counsel to be indemnified.
Costs assessment — Registrar’s discretion on number of counsel; in‑house counsel and indemnity for party‑and‑party costs; inclusion of Judicial Review work in taxed bill following certification as constitutional matter; taxation of bill to MWK73,599,329.30.
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26 November 2020 |
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Accused acquitted due to involuntary confession, insufficient evidence, and unresolved jurisdictional doubts.
Criminal law — admissibility of cautions — involuntary confession obtained under alleged beating and illiteracy; Territorial jurisdiction — section 5 Penal Code — offences partly committed abroad; Proof beyond reasonable doubt — insufficient eyewitness identification and missing State witnesses; Common intention (section 22) — murder not a probable consequence of drug-dealing enterprise; Police investigative deficiencies and unlawful coercion.
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24 November 2020 |
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20 November 2020 |
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17 November 2020 |
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16 November 2020 |
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11 November 2020 |
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11 November 2020 |
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11 November 2020 |
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11 November 2020 |
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10 November 2020 |
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9 November 2020 |
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9 November 2020 |
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6 November 2020 |
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3 November 2020 |