Criminal Procedure and Evidence Act (c) Zimbabwe informed by a police officer that he might be prosecuted for an offence; failed to mention any fact relevant to his or her defence in those proceedings, being a fact which, in the circumstances existing at the time, he or she could reasonably have been expected to have mentioned when so questioned, charged or informed, as the case may be, the court, in determining whether there is any evidence that the accused committed or whether the accused is guilty of the offence charged or any other offence of which he or she may be convicted on that charge, may draw such inferences from the failure as appear proper and the failure may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. [section substituted by section 20 of Act 9 of 2006] 258. Admissibility of facts discovered by means of inadmissible confession (1) It shall be lawful to admit evidence of any fact otherwise admissible in evidence, notwithstanding that such fact has been discovered and come to the knowledge of the witness who gives evidence respecting it only in consequence of information given by the person under trial in any confession or statement which by law is not admissible in evidence against him on such trial, and notwithstanding that the fact has been discovered and come to the knowledge of the witness against the wish or will of the accused. (2) It shall be lawful to admit evidence that anything was pointed out by the person under trial or that any fact or thing was discovered in consequence of information given by such person notwithstanding that such pointing out or information forms part of a confession or statement which by law is not admissible against him on such trial. 258A.Admissibility or inadmissibility of illegally-obtained evidence (1) In determining, for the purposes of section 70(3) of the Constitution, whether to exclude evidence that has been obtained in a manner that violates any provision of Chapter 4 of the Constitution, a court shall endeavour to strike a proper balance between— (a) safeguarding— (i) the rights of the accused concerned; and (ii) the integrity of the criminal justice system against serious or persistent breaches of the law by the police or other employees of the State; and (b) (2) (3) the public interest in— (i) doing justice to the victim or victims of the crime in question; and (ii) upholding the confidence of the public in the ability of the criminal justice system to protect members of the public from crime, especially grave, violent or prevalent crime. In applying the test referred to in subsection (1) a court must bear in mind that, in general, where the questioned evidence is obtained by a contravention of Chapter 4 of the Constitution that is— (a) inadvertent or trivial, the considerations referred to in subsection (1)(b) shall override the ones referred to in subsection (1)(a); (b) not inadvertent or not trivial or both, only compelling reasons will justify the considerations referred to in subsection (1)(b) overriding the ones referred to in subsection (1)(a), where the State has shown that those compelling reasons are the motive for that contravention. Evidence that is obtained in a manner that violates any provision of Chapter 4 of the Constitution, but which is admitted by a court after taking into account the considerations referred to in By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 102