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Haki s/o Nangwalanya v. R., (PC) Crim. App. 204-D-67, 30/11/67, Hamlyn, J.
Accused was convicted of retaining stolen property. His appeal was found to be without substance.
The Court stated, obiter; (1) The trial court should not have appended exclamation marks to the record of testimony of accused, an act which presumably was done to indicate disbelief. It is only when the magistrate writes his judgment that he may comment on the truthfulness of testimony. (2) On the first appeal to the District Court, the magistrate should have “dismissed” the appeal; he is not entitled to “reject” it. Appeal summarily rejected.
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