S v. Beahan 1989 (2) ZLR 20 (SC)

Gubbay JA:

The right to a fair trial is guaranteed by s18 of the Constitution. Extent to which the prosecution is obliged to call witnesses who may assist the defence. Held that while the prosecution of an accused person must be conducted with due regard to traditional considerations of candour, fairness, and justice, the prosecution was not obliged to call witnesses regarded as material to the case of the defence, solely in order to afford the defence the advantage of cross-examination.

If an accused person claims his fundamental right to a fair hearing has been violated, in that he has not been afforded facilities to obtain the attendance of witnesses to testify on his behalf, he must make some plausible showing of how their testimony would have been both material and favourable to his defence.

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