S v DZORA & ANOR 1995 (1) ZLR 195 (S)

Flynote

Military law — courts martial — procedure to be followed — statement recorded before court martial by officer taking summary of evidence — admissible at court martial in same circumstances as would be evidence given at a preparatory examination

Military law — Defence Act [Chapter 94] — First Schedule, para 36 — scandalous conduct by officer — sexual liaison with wife of another officer — covered by the paragraph

Criminal E procedure — joint trial — when more than one person may be tried jointly for separate offences — Criminal Procedure and Evidence Act [Chapter 59] - s 145A - failure by prosecutor to inform court that evidence against one accused would be admissible against other — whether a fatal irregularity

Criminal F procedure — preparatory examination — statement of witness taken at preparatory examination — witness unable to be found to give evidence at trial — court's discretion to allow statement to be admitted — Criminal Procedure and Evidence Act [Chapter 59]-s 241

Evidence — adultery — nature of evidence required — only necessary to establish facts from which a reasonable mind could infer that sexual relations had taken place — confession of adultery — when may be admitted