Principal Registry - 2015 April

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April 2015
R v George, Kahova, Gwaza & Erick (Confirmation Case 290 of 2013) [2015] MWHC 521 (21 April 2015) Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded. Constitutional law — appeal or review under section 42(2)(e) — statutory expansion of rights; Criminal procedure — venue — trials in prison precincts without Chief Justice direction violate public hearing right; Evidence — confessions — section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.	21 April 2015

April 2015

Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.

Constitutional law — appeal or review under section 42(2)(e) — statutory expansion of rights; Criminal procedure — venue — trials in prison precincts without Chief Justice direction violate public hearing right; Evidence — confessions — section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.

21 April 2015

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