THE STATE v MUNYARADZI MAWADZE, ELVIN DONGO SAUNGWEME and DELLION DAVID BALANI

HH 675-22

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Case Details

Court

Harare High Court

Date

29 September 2022

Citation

HH 675-22

Neutral Citation

[2022] ZWHH 675

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal ProcedureConstitutional Law

Keywords

Disclosure of EvidenceFair Trial RightsPolice DocketWitness Statements

Key Issues

{"issue_text":"Whether the State is obliged to disclose to the defence the witness statements, video clips, and photographs sought by the accused persons.","issue_type":"law","dispositive":"yes","related_facts":"The State's possession of the items and its refusal to disclose them on the basis they are not in the summary of the case."}
{"issue_text":"Whether the State has discharged its onus to prove that non-disclosure is justified.","issue_type":"law","dispositive":"yes","related_facts":"The State's failure to lead evidence to justify the limitation on the right of access to the requested materials."}

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background

Facts of the Case

Background

The accused persons are facing criminal charges and applied for disclosure of various materials from the State, including witness statements, post-mortem reports, DNA certificates, physical exhibits, and video clips. The State opposed the disclosure of items not listed in its summary of the case, arguing they were not relevant to the trial.

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