S v MOYO 1989 (3) ZLR 250 (S)

Flynote

Evidence — witness — previous statement made by witness for prosecution — when may be produced in evidence in support of witness's testimony.

Headnote

There is a general rule against the admissibility of previous consistent statements which prevents a witness from seeking to confirm or strengthen his evidence by saying in the witness-box that he made a similar statement on a previous occasion or, if the statement is in writing, from referring to it. The reason for the rule is that such evidence (a) may be easily manufactured; and (b) is of no evidential value, since a witness's evidence is not confirmed by the fact that he said the same thing to somebody else on a previous occasion.

The only basis on which an affidavit made by a prosecution witness would become admissible in evidence against the accused is if the accused or his counsel had put to the witness in cross-examination that his story was a recent fabrication. An affidavit may not be produced as a means of ensuring, by the oblique threat of a perjury charge, that the witness adheres to the contents of the affidavit.