CRIMINAL LAW – MURDER; LAW OF EVIDENCE – EVALUATION OF – SELECTIVE ACCEPTANCE OR REJECTION OF THE SAME WITNESS’S EVIDENCE IN THE ABSENCE OF OTHER COMPELLING EVIDENCE JUSTIFYING SUCH COURSE IS IMPERMISSIBLE. S v Madisia NAHCMD (16 May 2023)

The accused persons are charged with murder, robbery (with aggravating circumstances), defeating or obstructing the course of justice and accused 1 with two counts of fraud. The accused pleaded not guilty to murder and robbery and guilty to the remaining counts. The state only accepted the pleas tendered by accused 1 as regards charges of fraud and led evidence to prove the remaining charges. The state led no evidence in proving the murder and robbery charges and based its case on conflicting statements made by the accused persons during the police investigation which was aimed at frustrating the police in . . .

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