Description
Assessors- Role of assessors in examination of witnesses- statement which was not read at the committal proceedings- witness who was not listed at the Committal Proceedings – Section 289 (1) of the Criminal Procedure Act.
- The duty to cross examine the witness is conferred upon the adverse party and not the assessors. Section 146 of the Evidence Act
- It is not the duty of Assessors to cross examine or re-examine witnesses or accused. The Assessors’ duty is to aid the judge in accordance with section 265 and to do this they may put their questions as provided for under section 177 of the Evidence Act.
- The Assessors being part of the court are supposed to be impartial. Failure to abide with these principles renders the whole proceedings nullity.
- A person who was not listed as a witness and his statement was not read at the Committal Proceedings shall not be called as a witness during the trial – Section 289 (1) of the Criminal Procedure Act.
- A trial of murder before the High Court must be with the aid of assessors. One of the basic procedures is that the trial judge must sum up to the assessors before recording their opinions failure to do that will render the trial nullity.
