Jo
I must first deal with the objection raised by Counsel for the Respondent
the High
before
the
Court
High
instead
the
ought
matter
as
a criminal
to
case
the
cited
High
to the
come
have
but as a constitutional matter
have
then
should
the Attorney
been
GENERAL
(2005) ZR 97 in aid of that submission.
I can
ascertain
on
and
practices
sought to produce
United Kingdom
Court
abuse
of authority
of office,
that
Act,
Matters
documents
Article
on behalf
of the
of
charges
had
before a Magistrate who had also certified the deposition
of
of the
the
Accused
the
of
98
sought
Objection to their production was on the
to it.
(1)
38
Chapter
18 (2) (e)
at the
prosecution
the
v.
in evidence a deposition which had been sworn in the
Section
were
is that,
criminal
on
Subordinate
and the exhibits annexed
ground
case
FUNJIKA
of the
the
before
trial of FUNJIKA
corrupt
a reading
General.
FUNJIKA
JOSEPH
WILFORD
GENERAL
of LT.
not
Court,
ATTORNEY
What
raised in
They said
the right respondent
They
had
They argued that that procedure was wrong.
matter with the People as the Respondent,
and
which
upon
were
on issues which
submissions
to make
application
Applicants
the
that
said
They
adjudicate.
should
the Court below.
issue
highlighting the constitutional
Court,
proceeded
an appropriate
to make
proceeded
to have
ought
Applicants
the
granted,
been
having
Court
to the High
referred
the matter
to have
that the application
They argued
at the hearing of the matter before me.
to
be
of
Laws
produced,
Constitution
that
Legal
Mutual
what
Assistance
Zambia,
under
in Criminal
which
was in serious conflict
of
Zambia.
had
arisen
was
It
was
a
the
with
contended
question
of