Court throws out Daisy Loo request
Friday, April 20, 2007
In their submissions the defence team led by Duma Boko contended that the Chief Justice Julian Nganunu in his judgment last year on the Daisy Loo case, made some prejudicial findings on the part of the deponents and his co-accused, arguing that the accused were not likely to get a fair trial. It was also argued that the findings of the high court made in the civil case compromised the impartiality and independence of the magistrate court.
However when disputing the defence's argument, Rannowane was quick to point out that the major differences in both cases was the criminal standards and civil standards were different, adding that a civil case was proven on a balance of probabilities while a criminal matter needed to be proven beyond reasonable double "it is possible, accordingly for a person to be liable under civil proceedings to be found not guilty based on the same facts in criminal proceedings" reads part of the ruling.
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