I
It was above ruling that the counsel for the prosecution appealed
• against vide notice of appeal dated 24/6/13. He raised a lone ground of
appeal to wit:
Ij
THE ERROR IN LAW
"The learned trial magistrate erred in law when he held that the
prosecuting witness number. I should not answer a question put to
him in re-examination by the appellant's counsel which question
is aimed at explaining the contradictions elicited during his cross
examination by the respondent's counsel"
Counsel did not state any particulars in support of the lone ground of
appeal. (see 3 - 4 of the record) .
It is imperative for me to state that I carefully searched for the criminal
charge before the learned trial magistrate upon which the above
proceedings were predicted, I could not find it in the record of appeal.
However, I deduced the charge might be related to offence of assault
occasioning harm and probably, stealing. My deduction is hinged on the
evidence
of PW1
and,
of course,
the
PWl's
petition
to the
commissioner of police dated 21/1/2009.
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I should think that in compiling records of appeal, all the relevant
documents forming part of the proceedings ought to be included. This
is to avoid a situation where the appellate court would be left to
conjecture or surmise what the material facts are in the appeal. This is
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