Rex v Jumba (Criminal Case No. 104 of 1942) [1942] EACA 59 (1 January 1942)

## ORIGINAL CRIMINAL

#### BEFORE LUCIE-SMITH I

# REX, Prosecutor

$\mathbf{v}$ .

### NGODA S/O JUMBA. Accused

#### Criminal Case No. 104 of 1942

Rape—Criminal Procedure Code, section 230—"Report"—Criminal Procedure Code, section 300—"Medical Officer"—"Other medical witness"

In this case a document in the Maragoli language was admitted in evidence at the committal proceedings. The document in question reads as under:—

#### " $F. A. M.$

$17-5-42$

Friends Hospital

#### The African Tribunal

#### Mbale

# AWANDU VA TRIBUNAL

#### INDEHYA D/O IVULA

MUKANA NYA YA PIMWA HANO. UBUGIMA BWEBWE BWAHUDUKA. NA A VIMBA SHINYA. KHANDI NDA LOLA MASAHI MADIDIDI.

A. A. BOND."

Through an oversight "A. A. Bond" was not summoned as a witness before the Supreme Court. It was found to be impossible to procure this person's attendance within a reasonable time.

The document in question was admitted by the learned magistrate presumably. under the provisions of section 230, Criminal Procedure Code.

At the trial the question arose as to the admissibility of this document.

RULING.—In my opinion this document is inadmissible in that there is nothing: before this Court to show who "A. A. Bond" is. There is nothing to show that this person professes to hold any office, vide section 230 (2), or that he is a medical officer.

Looking at the wording of section 300 I am inclined to think that "Medical Officer" means a Government medical officer in contradistinction to "other medical. witness".