William Msaka v. R., Crim. App. 78-D-68, 8/4/68, Hamlyn J.

William Msaka v. R., Crim. App. 78-D-68, 8/4/68, Hamlyn J.

Accused were convicted of corrupt transaction with agent [Cap. 400, s. 3(1)]. The district magistrate’s judgment briefly summarized the prosecution’s evidence, but was overwhelmingly devoted to a critical analysis of the defence.

            Held: (1) While the Court may overlook errors in trial court proceedings which do not occasion a failure of justice, the Court must be convinced that such errors “did not materially affect the conclusion … that despite such error the trial court would inevitably have reached the same finding.” (2) The magistrate’s failure to analyse the Prosecution case makes it impossible for the Court to analyse his finding. It is thus necessary to allow the appeals, “…… for the record of the trial does not disclose …. That the correct principles of justice were observed.”