Criminal Procedure and Evidence Act (b) Zimbabwe the document lodged with him or her in terms of subsection (8)(b) or a certified copy of the record transmitted in terms of subsection (11), as the case may be; to the judge who is to preside at the trial. [section substituted by section 3 of Act 9 of 2006] 67. Information provided by accused or failure of accused to mention fact relevant to his or her defence may be used as evidence against accused (1) A document purporting to be a copy of a document referred to in section 66(8) or a certified copy of a record made in terms of subsection (10) of that section shall be received in evidence before the court upon its mere production by the prosecutor without further proof, unless it is shown that the information given by the accused was not in fact duly given: Provided that, except in so far as it amounts to an admission of any allegation made by the State, any information provided by the accused shall not be taken into account for the purpose of deciding whether the accused should be found not guilty in terms of section 198(3). (2) If an accused has failed to mention any fact relevant to his or her defence as requested in the notice in terms of section 66(6)(b), being a fact which, in the circumstances existing at the time, he or she could reasonably have been expected to have mentioned, 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. (3) In deciding, in terms of subsection (2), whether in the circumstances existing at the time the accused could reasonably have been expected to mention any fact, the court may have regard to the document referred to in section 66(6)(a). [section substituted by section 3 of Act 9 of 2006] 68. *** [section 68 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII] 69. *** [section 69 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII] 70. *** [section 70 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII] 71. *** [section 71 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII] 72. *** [section 72 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII] 73. *** [section 73 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 45