CRIMINAL PROCEDURE — Leave to Prefer Charge — Proof of Evidence — Non-filing Not Fatal Where No Prejudice Shown
Principle Statement
The Appellant had all the opportunities to rebut that presumption, but he never did. Can he be heard, in the circumstances, to complain that the none filing of proof of evidence was prejudicial to his fair trial? I shall answer this question in the negative.
Ratio Decidendi (Source)
Per Tabai, JSC, in Sunday v. State (2010) NLC-123-46-2009(SC) at p. 13; Paras B–C.
"The Appellant had all the opportunities to rebut that presumption, but he never did. Can he be heard, in the circumstances, to complain that the none filing of proof of evidence was prejudicial to his fair trial? I shall answer this question in the negative."
Explanation / Scope
This principle establishes that non-filing of proof of evidence is not fatal where no prejudice is shown. The principle applies where an appellant complains of procedural irregularity. It ensures that technicalities do not determine outcomes. The principle reflects that prejudice must be shown. It prevents complaints without demonstrating harm. The court must determine if prejudice occurred. The principle provides guidance on the effect of non-filing of proof of evidence.
