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Ivy Wangeci
Ngalaka
#161 Posted : Friday, May 03, 2019 10:24:13 AM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Queen wrote:
masukuma wrote:
The court does not watch TV


True, neither does the court read social media updates. In other words the courts dwell on matters of the law and not on matters of facts.

Most else seems just fine but the highlighted.
Isuni yilu yi maa me muyo - ni Mbisuu
2012
#162 Posted : Friday, May 03, 2019 10:49:44 AM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
murchr wrote:


Why would he so obviously? The work of the defence is to poke holes in the prosecution's evidence or story and hopefully get the guy out on technicalities, not to give false evidence ama it's a pro bono case?

BBI will solve it
:)
Queen
#163 Posted : Friday, May 03, 2019 11:18:07 AM
Rank: Member


Joined: 11/21/2018
Posts: 564
Location: Britain
Ngalaka wrote:
Queen wrote:
masukuma wrote:
The court does not watch TV


True, neither does the court read social media updates. In other words the courts dwell on matters of the law and not on matters of facts.

Most else seems just fine but the highlighted.


Didn't the former CJ himself, mr Mutunga, castigate magistrates/ judges for making some rulings based on matters of facts without any due regard to the matters of law?

Matters of law simply means provision of evidence. In this particular case, I saw a policeman holding the murder weapon (axe ) with his bare hands without gloves. Fingerprint manenos shall have issues.

Maybe I should have stated that matters of facts must be supported by matters of law.
Queen
#164 Posted : Friday, May 03, 2019 11:30:22 AM
Rank: Member


Joined: 11/21/2018
Posts: 564
Location: Britain
2012 wrote:
murchr wrote:


Why would he so obviously? The work of the defence is to poke holes in the prosecution's evidence or story and hopefully get the guy out on technicalities, not to give false evidence ama it's a pro bono case?


For this particular case the work of the defense should be to prove that the murder was not premeditated and therefore have the murder case reduced to manslaughter.
2012
#165 Posted : Friday, May 03, 2019 12:37:58 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
Queen wrote:
2012 wrote:
murchr wrote:


Why would he so obviously? The work of the defence is to poke holes in the prosecution's evidence or story and hopefully get the guy out on technicalities, not to give false evidence ama it's a pro bono case?


For this particular case the work of the defense should be to prove that the murder was not premeditated and therefore have the murder case reduced to manslaughter.


Very true. More of man's-laughter.
d'oh!

BBI will solve it
:)
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