Re: Standard of proof...

Ndi mom'mo ndithu!

Sent from my BlackBerry® smartphone 'aired' by Airtel Malawi.

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From: vulula gondwe <vululagondwe@gmail.com>

Sender: malawi_lawsociety@googlegroups.com

Date: Fri, 29 Jun 2012 17:56:47 +0200

To: <malawi_lawsociety@googlegroups.com>

ReplyTo: malawi_lawsociety@googlegroups.com

Subject: Re: Standard of proof...

Redson,

 

I believe the position of the law at (No) Case to Answer stage  remains as it was the last  time you appeared in criminal proceedings ie it is not beyond reasonable doubt. It is "that the prosecution at this stage of the trial only need to show that there is a prima facie case before the court made out against the Accused. This has to be decided by the Court on the balance of probabilities.The question is: is there evidence before the court on which a reasonable tribunal may, not would, convict the Accused?"

 

I reckon that you read that from Nyasatimes. The writer of that story was not in court. When he met me outside the Court, I only confirmed that my Client has been acquitted.

 

Reading his article makes me angry. Neither the Magistrate nor myself said any of those things he attributes to us.

 

Regards.

 

 

On Fri, Jun 29, 2012 at 4:37 PM, Redson Kapindu <rkapindu@yahoo.com> wrote:

Colleagues,

 

Somewhere I read: "Having heard from both parties, I am of the view that the state has failed to prove to this court beyond reasonable doubt on the reason why this court should continue with the case."

 

At what stage of the proceedings does this standard apply?...It's been a while since I appeared in court, let alone in criminal proceedings...

 

RedK

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