S v TSVANGIRAI 2004 (2) ZLR 210 (S)

Flynote

Criminal law — common law crimes — high treason — requirements — c evidence of conspiracy or incitement — must be at least one overt act or hostile intent — mere discussion not sufficient because there is no overt act or hostile intent

Criminal law — common law crimes — high treason — requirements — conspiracy — no conspiracy where one of conspirators merely pretending

Legal practitioner — conduct and ethics — prosecutor — duty of — to bring all relevant evidence before court -- relevant even if it does not support case for prosecution

Evidence — admissibility — video or audio tape — tape admissible as evidence even if part is inaudible, especially if accused accepts accuracy of audible parts

Evidence — witness — credibility — person standing to gain from his evidence cannot be considered credible