In legal proceedings, Section 137(3) of the Evidence Act allows the court to grant permission for further cross-examination when a new matter is introduced during re-examination that was not covered during the initial cross-examination, ensuring fair examination of all relevant evidence including deleted materials that may be crucial to the case.
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Expert confirms deleted material sent by a handset in the names of Pr. Kayanja to a suspect!Added:
that would give the state permission to further cross examine on it. First, the witness before court though is is called by defense side is an expert witness, a digital forensic analyst of budgets, mobile phones and the like and by his qualification he's the most qualified to guide report on matters that are within his findings based on his observation and knowledge. When the state was crossexamining him, he told I quote, "I never established any shared video from pastor Kay." Yes, there are videos sent from number seven as Robert Kay, but it could not establish but I could not establish which kind of video they are.
It's from that during the examation council for asked a question this witness as to take what the deleted videos were on the deleted videos that were shared from the number to ded that are on the CD which is part of exit number n which extracted from the exited phone and within a short quote and with a short quote after that cash went further and asked what happened to those videos and expert within a store quote that they were deleted by the sender i.e the number saved as all that was captured by court and is on record. It's upon that after closure of the re-examination court samine this witness on the on on the matter of deleting videos by the sender which state says was not covered in cross examination and is a new matter and is a new matter something which the defense vemently to section 137 three act the catch words are if a new matter is by permission of court introduced in examination the advance party may further cross examine upon that matter. So the question to answer is is there any new matter introduced in examination that that was that was not touched by the state in cross examination?
Was there was there a formal introduction of that matter by permission of court?
When we talk when one talks talks of a matter we refer to any piece when we not talk of a matter when we talk of the matter under that section of the law we refer to any piece of evidence be oral or documentary evidence that forms part of the case wants to restrict the term new matter a piece of document or evidence in documentary form only which in court's opinion Even oral evidence of a witness that goes on court record touching a particular case is referred to as a matter a piece of evidence that goes on court record permission of court on two fronts as per the section 137 sorry number one is there any formal application by a party to introduce a new matter during reexamination and court allow allows Number two is there number two is where court allows a matter during hearing to be covered or reintroduced in court during cross examination during re-examination.
In both ways, such a matter goes on court record and it's what was covered and it's what was and if not and if it's not what was covered during cross examination or it's new touching on the subject then court can with allow further cross examination on the same on the issue before I have read through the record of proceedings and even quoted In what was covered in for examination nothing arose as who deleted videos allegedly sent from the number as pastor it just came up in reexamination and witness said it's the stand of those videos who deleted them this being an expert witness and the matter is and is touching on a matter relevant to the case it is just unfair that is tested on and he's tested and he clarifies to this report on the new matter coming back that is who deleted the shared videos that were sent on phone and cannot break or open the state is therefore granted leave only further crossexamine this witness as far as the deleting of shared information on A2's gadget is concerned It is going to do the examination.
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