In criminal trials, courts have the authority to issue orders compelling witnesses to testify, even when they are reluctant or refuse to appear voluntarily. This legal mechanism ensures that crucial evidence is presented for the just determination of cases, particularly when witnesses are essential to the defense or prosecution's case. The court can invoke specific legal provisions, such as Section 179 and Section 186 of the Criminal Procedure Act, to secure witness attendance and ensure the fair administration of justice.
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BREAKING: JUDGE ORDERS KEY POLICE WITNESS TO TESTIFY IN SENZO MEYIWA TRIALAdded:
So what are you saying?
Like I said, this is a a witness that has investigated a particular case in which Mr. Daz's name has been and it's fundamental to the arrest of Mr. Di initi from the beginning and that witness did not make a statement here.
Our our our case is not limited to witnesses that have made statements in 2636.
We have issued a subpoena. I've communicated with the >> and the subpoena was rebuffed to say the commander will not release the witness to come and testify because he's testifying for the defense. I understand that he's not testifying for anyone.
He's assisting the cause of justice in this case. Hence we we we are here. So it's glitter was not issued because you issued one of proper procedures but people are saying that >> right now me the law which you say compels me to sign this appeal.
>> No I'm not sending you compelable.
>> No problem.
>> You can do it via the register.
>> Okay. the constit.
>> Yes, my lord.
>> Thank you. Thank you my lord for for giving me the opportunity. My lord, in this case, my lord, it's not that the court is obliged, but the witness has indicated that I can only come to court and testify unless there is a court order saying I must come to court.
Yes. Yes, my lord. So the reason why we asking the court to make an order that the witness should come and testify is because he said he can only come if there is a court order saying that >> the state is not prepared to you're not prepared to to assist the investigating officers section 179 how the attendance of the witness be secured and >> just read it for us >> and and that process should be followed.
for us.
>> This is process of securing attendance of the witness.
Um as far as the defenses is concerned uh in subsection 1792 that is applicable.
Um where an accused desires to have any witness supenut says a sum of money sufficient to cover the cost of serena shall be deposited with the prescribed officer of the court. Three, where an accused desires to have any witness sub and he satisfies a prescribed officer of the court. One that is unable to pay the cost um and that such weakness is necessary and material for his defense. Such officer shall subpoena such a weakness.
Um that fella says if the um prescribed officer is not so satisfied then he must refer the um relevant application to the charge question only so far as the cost um are concerned um but yeah nothing else my lord maybe thank you thank you thank you my lord for the for what he has read into the record. It it is so my lord.
However, the witness that Mr. Ramil wants to call is not a civilian my lord who needs to be accommodated by the court at the expense of the department.
is a police officer my lord and I understand since the witness is coming from another province to this province there will be h those uh departmental expenses my lord that's the reason they are asking for for for the court order it's just a request my lord under the circumstances yes >> my lord without limiting the issues to the set provision this provision of section 179. There's also section 186 because to me this witness is is is so crucial in the just determination of uh of uh of of the case against against 186 >> 186 to me to me the court can also invoke those provisions because he's is a witness as as my colleagues have indicated that is a police witness and his evidence is just is is important in the just decision of this case without laying the background of where we are coming from with this witness but there's evidence before this court that the defense will want to counter Okay. When you sign whatever order you want, I don't tell you anything in terms of section 186.
Okay.
Heat. Heat.
Okay, fine.
>> Thank you so much.
This is the tradition.
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