Jakala V R (1968) HCD no. 100

Facts

Accused was convicted of cattle theft. At the trial, the magistrate did not give acccused 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.