Read the full judgment text of HCMA 000678/2006 on BabelCite. This High Court CFI judgment was delivered on 22 August 2006.
1. The Respondent conceded that the appeal ought to be allowed on the ground that the Deputy Special Magistrate had “stepped into the arena”. In my view, this concession was properly made. No doubt with the best intention, the Magistrate had indeed taken so active a part in the cross-examination of the Appellant as to have usurped the function of the prosecutor. In the result, the trial cannot be regarded as fair.