Kizengeze s/o Mugamba v. R. Crim. App. 99-M-66; 3/1/67; Platt, J

Kizengeze s/o Mugamba v. R. Crim. App. 99-M-66; 3/1/67; Platt, J

Accused was charged with cattle theft (P.C. ss. 265, 268). His trial was begun before one magistrate but before it was completed a second magistrate was appointed who commenced a trial de novo.

            Held: The appellate court could consider testimony given before the first magistrate which tended to contradict testimony given by a prosecution witness, since, had the accused been represented by counsel, counsel would have introduced the testimony by deposition. Citing R. v. Wilbald s/o Tiba-nyendela (1948) 15 E.A.C.A. 111.