Description

CRIMINAL PROCEDURE

One

Pumba is a 21 year old, male student, undertaking his studies at a local polytechnique. One day on his way home he comes across a mob of protesters demonstrating against the local Member of Parliament who has been implicated in a corruption scandal. The mob is armed with all manner of crude weapons including stones and sticks.

Pumba who wants nothing to do with the protesters, steps aside and watches the mob pass him by, much to his amusement. As the mob is making its way down the street, Pumba continues his journey towards his home. However as he makes his way around the corner, he is confronted by the riot police who have been deployed to manage the irate mob. To Pumba’s surprise, he is flagged down by the police officers and ordered to lie down on the ground. Despite Pumba’s protests that he was not part of the mob, he is arrested and taken to the nearest police station. He is however, later released on police bond and advised to show up in Court the following week.

Pumba approaches you well aware that you are a knowledgeable student, pursuing a Diploma in Law in

Paralegal Studies.

1. Advise Pumba on procedural steps of a criminal trial that he should be keen on, as his date to appear in Court approaches. (15 marks)
2. Highlight the possible defenses Pumba can rely on if the prosecution establishes a prima facie case