The onus of passing the judge: the application for discharge

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Periodical article

Title:	The onus of passing the judge: the application for discharge
Author:	Owori, M.A.
Year:	2006
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	16
Issue:	1
Pages:	1-31
Language:	English
Geographic term:	Lesotho
Subjects:	criminal procedure rights of the accused
Abstract:	The High Court of Lesotho recently decided that where an accused applies for discharge at the close of the crown case on the ground that it has failed to make out a case against him, the court must not, at that stage, evaluate the evidence except in very exceptional circumstances. Second, that the court must deny the application once it determines that the crown has made out a prima facie case against the accused. And, finally, that the court must put the accused to his defence even where no such prima facie case has been made out if he is jointly charged with another, in the expectation that his co-accused might supplement the crown case. The paper interrogates these issues and concludes, on the contrary, that a court must fully evaluate the evidence even at this stage and that if it determines that the crown has not proved the guilt of the accused beyond a reasonable doubt, it must discharge him even where he is charged jointly with others. Any approach short of that would negate an accused's right to a fair trial and violate the bill of rights enshrined in Lesotho's constitution. Notes, ref., sum. [Journal abstract]