R. v. Rafael Mbaga, Crim. App. 513-D-67, 27/10/67, Saidi J.

R. v. Rafael Mbaga, Crim. App. 513-D-67, 27/10/67, Saidi J.

Accused was convicted of forgery and stealing by clerk. Eight allegedly forged vouchers were produced in court at the trial but were misplaced or lost before the judgment was written. Although there was ample evidence to support the conviction, the trial court refused to consider the case on the merits and acquitted accused because the documents had been lost.

            Held: Once the forged documents had been produced in court, examined by the court, admitted by the accused person and properly noted on the record, the fact that they were later lost would not justify an acquittal. Record remitted to the trial court for a determination on the merits.