THE STATE v ROY LESLIE BENNNET

HH 33-2010

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Case Details

Court

Harare High Court

Date

5 February 2010

Citation

HH 33-2010

Neutral Citation

[2010] ZWHH 33

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal LawEvidence LawProcedure

Keywords

TerrorismSabotageFirearmsE-mailsAuthenticityFake EvidenceAttorney General

Key Issues

{"issue_text":"Whether defence counsel is permitted to use a fake e-mail in the name of the Attorney General to cross-examine a witness regarding the authenticity of state evidence.","issue_type":"procedural","dispositive":"yes","related_facts":"Defence's attempt to use fake e-mail; refusal to disclose it; naming of Attorney General."}
{"issue_text":"Whether the admission of e-mails (exhibit 13) constitutes a reversal of the burden of proof.","issue_type":"law","dispositive":"no","related_facts":"Defence's belief leading to creation of fake e-mail."}

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background

Facts of the Case

Background

The accused is charged with terrorism, sabotage, and illegal possession of firearms. The state admitted e-mails as evidence (exhibit 13) downloaded from a laptop. The defence sought to use a fake e-mail in the name of the Attorney General to argue that the state's e-mails could be forgeries. The court ruled this improper.

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