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Issa s/o Jakala v. R., (PC) Crim. App. 228-D-67, 29/1/68, Hamlyn J.
Accused was convicted of cattle theft. At the trial, the magistrate did not give accused an opportunity to cross-examine the prosecution witnesses.
Held: (1) The failure to extend to accused the right of cross examination was a fundamental error, and the conviction cannot stand despite the apparent strength of the prosecution case. (2) If an accused does not desire to cross-examine a particular prosecution witness after he has been given the opportunity to do so, a note to that effect should be embodied in the record. Conviction quashed.
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