J12
The
state’s position was
information
ought
to
information
is verified,
against Section 67.
be
superfluous
Subsection
accused
be
verified
the
it is
to prove
in the
he must
of
the
ethical
not
event
the
that an
does
not
breach
be
said
to
compelling
an
accused
Applicants
have
various
18
the
(7)
give
to
ways
of the
It merely
accused
person
For
have
if the
offended
press
to
do
so.
on an
into play, they
on
his defence,
he took to verify the accuracy
However,
provided
of
comes
is put
information
defence
the
Article
duty
the measures
falsity of
raises
not the accused
published.
in any way place any burden
his innocence.
demonstrate
proving
is
cannot
of the information before he published it.
onus
it
point of view,
The requirements for verification may even be said to
because
person
before
publisher
(2), they said, does
submitted,
when
that even from the press freedom
the
evidence
of defending
the state still has the
published
(2).
in Subsection
for
Constitution,
at
whether or
which
themselves
forbids
the
because
trial,
the
once
It
placed
on
their defence, including opting to remain silent.
for the
Counsel
State
also
that
submitted
Section
67
of the
Penal
Code
and Articles
18 and 20 of the Constitution should be given their ordinary
grammatical
and natural meaning.
when
the
intention
of the
Where
legislature
issues of ambiguity arise and
cannot
be
ascertained
the
from
words in the statute, then other rules of interpretation may be employed
as
stated
in the
FUNJIKA
case.
However,
Counsel
simple and clear and does not need any interpretation.
English Court of Appeal
ASHER
case of SEAFORD
COURT
said,
Section
67
is
Counsel cited the
ESTATES
LIMITED
(1949) 2 KB 481 where Lord Denning said at page 499 of the
v.