Case Number

LCA 3202/03

Date Decided

3-4-2004

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: In an action for damages for wrongful arrest and prosecution, the plaintiffs wished to summon as a witness the person who had been the prosecutor in the criminal proceedings. The prosecutor had, in the meanwhile, become a judge. The District Court decided that the judge should be summoned to testify. The State asked for leave to appeal this decision, and leave was granted.

Held: A judge may not be summoned to testify on a matter relating to his judicial role, but on a matter unrelated to his judicial role, he may be summoned, and his testimony should be given in a way that does not harm his standing and the standing of the judicial system, in accordance with the rules set out in para. 12 of the judgment. The Supreme Court returned the case to the District Court to reconsider the matter in accordance with these rules.

Leave to appeal granted. Appeal allowed.

Keywords

Criminal Law -- Criminal Procedure, Evidence -- Testimony

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