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Criminal procedure — irregularities in proceedings before magistrate court — magistrate using vernacular during course of trial and interviewing state witness in private — duties of magistrates on notice of appeal being filed.
A magistrate's action in interviewing a State witness in the absence of the parties and communicating with that witness in a language that the defence could not understand so as to make the communication in effect a secret one is wholly irregular and is in itself enough to vitiate a trial.
Magistrates are obliged to comply with the provisions of R 23(1) of the Supreme Court (Magistrates Court) (Criminal Appeals) Rules, 1979. A failure to do so deprives the Supreme Court of their views in respect of the grounds of appeal filed on behalf of appellants.
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