admitted as evidence at criminal or civil
proceedings unless each party against
whom the evidence is to be adduced
agrees to the admission of that
evidence at such proceedings. The
person upon whose creditability the
probate of value of such evidence
depends, himself testifies at such
proceedings.
Lino mtha: He was still looking at me and
I could tell he enjoyed listening to me,
and that helped me a lot. "Sir, we cannot
cross-examine a medical report. We need
a Dr who wrote that medical report, and
we can grill him on the stand and trust me
that will work in our advantage. I
didn't see any medical officer and I
didn't hear you disputing the report,
you allowed the prosecutor to build her
case using it."
Mr Ndlovu: "Lunch is finished, I need to
get back to the courtroom. Are you
going back as well?"
Lino mtha: "Yes sir."
Mr Ndlovu: "Go back, I will follow just
after you." Then he walked away.
Lino mtha: I felt so disappointed, he
didn't even acknowledge everything I
mention." I walked back to the courtroom.
The Magistrate walked in.
Magistrate: "We may proceed, Defence,
please lead your evidence."
Mr Ndlovu: "Thank you, your worship.
Your worship, I would like to make a
submission that the evidence submitted
by Miss Prosecutor not be considered."
Magistrate: "Based on what grounds?"
Mr Ndlovu: "Your worship, that is hearsay
evidence. How am I going to cross examine a paper? He went on to
mention all the information I shared with
him during lunch break. I was really
happy, I just couldn't believe it, a man of
his calibre taking notes from me."
Prosecutor: "Objection, your worship."
Magistrate: "Overruled, I do accept your
submission and I will only allow this
evidence to stand if the medical officer
who examined the offended comes and
testifies to it."
Prosecutor: She looked so frustrated.
"I will get the medical officer to come and
testify. I have a submission, your worship,
can the case be postponed till I get the
medical officer to come and testify?"