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Harare High Court
Edward Pedzai Lord Samakomva v The State
HH 8-2005
Case Details
Court
Harare High Court
Date
14 January 2005
Citation
HH 8-2005
Neutral Citation
[2005] ZWHH 8
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU J
Full Bench
MAKARAU J
Areas of Law
Criminal ProcedureConstitutional Law
Keywords
bailfair trialdefence witnessesaccomplice evidenceextortioncorruption
Tags
bail pending appealconstitutional right to fair trialdefence witnessesaccomplice evidence
legislation
Statutes Cited
- Constitution of Zimbabwe
- Prevention of Corruption Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the refusal by the trial court to compel attendance of defence witnesses violated the applicant's constitutional right to a fair trial under s18(3)(e) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Trial court declined to compel Chivhinge and Kahuni to attend; witnesses voluntarily declined; applicant requested compulsion"}
- {"issue_text":"Whether the applicant has prospects of success on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant convicted on accomplice evidence; seeks to challenge conviction and sentence"}
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background
Facts of the Case
Background
The applicant, a Reserve Bank investigator, was convicted of corruption for demanding $100 million from a businessman to destroy incriminating documents. He was convicted based on accomplice evidence and now seeks bail pending appeal, alleging violation of his constitutional right to fair trial when the court refused to compel attendance of two defence witnesses.
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