High Court Corruption and Economic Crimes Division - 2024 November

3 judgments
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3 judgments
Citation
Judgment date
November 2024
A prior acquittal on a different document did not bar prosecution for alleged forgery of distinct minutes; plea dismissed.
Criminal procedure – autrefois acquit (Section 137 CPA) – requirements: same accused, same or substantially same issue, final determination by competent court – distinction between different documents (Extract Resolution vs. Minutes) defeats plea – addition of new accused does not bar plea.
29 November 2024
An applicant for extension under POCA must prove good cause and account for every day of delay.
POCA s9(5) – extension of time to file forfeiture application; "good cause" – must be shown and is dependent on circumstances; applicant must account for each day of delay; pendency of appeal by the accused not automatically good cause where appeals were initiated by accused; prejudice not considered if not pleaded.
25 November 2024
Electronic bank statements must be properly authenticated and identified before admission; failure to do so renders them inadmissible.
Evidence — Electronic evidence and banker’s books; committal procedures — Rule 8(2) GN No. 267/2016 and s246(2) CPA; service of committal record — Rule 9 GN No. 267/2016; Evidence Act ss76–79 (banker’s book entries); authentication/identification and chain of custody requirements for exhibits; exclusion for failure to authenticate.
22 November 2024