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Court of Appeal of Zambia - 1964 December

2 judgments

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2 judgments


December 1964
Mvula v People [1964] ZMCA 4 (7 December 1964) Counsel must call supporting evidence—usually the accused—when alleging police brutality to obtain a statement; unsupported allegations are improper. Voluntary statements — allegations of police brutality to extract confessions — trial within a trial — duty of defence counsel to call supporting evidence (usually the accused) when making serious allegations against police.	7 December 1964
Mbavu and Ors v People [1964] ZMCA 7 (5 December 1964) An appellate court may overturn judge-alone factual findings if the conviction is not justified and eyewitness evidence is unreliable. Appellate review of findings by judge alone — re-hear and weigh evidence — deference to demeanour but not infallible — when to overturn: misdirection, failure to benefit from seeing witnesses, collateral untruths — unreliable eyewitness identification of minors may render conviction unsafe.	5 December 1964