historical development of legal system
CROSS EXAMINATION
The party who calls a witness examines the witness with a view to adducing evidence in proof of his case and this is what is referred to as examination in chief covered at S. 145(1) thereafter the adverse party has a right to examine that witness. If the adverse party exercises that right, the examination is referred to as cross-examination Section 145(2).
Cross examination is a fundamental right not a privilege and if a person is denied the right, the denial can vitiate the proceedings.This was the holding in the case of Yusuf gitta v R(1959)
Cross-examination is basically to raise doubt on the case of the prosecution. Because of this a lot of latitude is allowed in cross examination and one can ask anything they want to ask as long as they are relevant to the case. the act of cross examination is important for the defence counsel in the criminal case because of the latitude. One is trying to build the basis for their defence during cross examination.
The aim of cross-examination is to disqualify the case of the adverse party and try to obtain favourable admissions from the witness. Cross examination need not be confined to matters raised in the examination in chief. A witness may for instance be asked questions to test his or her accuracy, veracity or credibility. They may also be asked questions to discover who they are and what their station in life is, all one is seeking to do is to discredit the witness. Annoying questions can be asked and it is up to the court to exercise discretion if they are unnecessarily offensive if they go more than to prove the matter. Section 154 – leading questions may be asked. If a question is asked of a witness in cross examination which relates solely to the credit of the witness, the court has a discretion to compel or not to compel the witness to answer the question, the court decide whether a witness should answer a question that relates primarily to their credit this is provided for in
The party who calls a witness examines the witness with a view to adducing evidence in proof of his case and this is what is referred to as examination in chief covered at S. 145(1) thereafter the adverse party has a right to examine that witness. If the adverse party exercises that right, the examination is referred to as cross-examination Section 145(2).
Cross examination is a fundamental right not a privilege and if a person is denied the right, the denial can vitiate the proceedings.This was the holding in the case of Yusuf gitta v R(1959)
Cross-examination is basically to raise doubt on the case of the prosecution. Because of this a lot of latitude is allowed in cross examination and one can ask anything they want to ask as long as they are relevant to the case. the act of cross examination is important for the defence counsel in the criminal case because of the latitude. One is trying to build the basis for their defence during cross examination.
The aim of cross-examination is to disqualify the case of the adverse party and try to obtain favourable admissions from the witness. Cross examination need not be confined to matters raised in the examination in chief. A witness may for instance be asked questions to test his or her accuracy, veracity or credibility. They may also be asked questions to discover who they are and what their station in life is, all one is seeking to do is to discredit the witness. Annoying questions can be asked and it is up to the court to exercise discretion if they are unnecessarily offensive if they go more than to prove the matter. Section 154 – leading questions may be asked. If a question is asked of a witness in cross examination which relates solely to the credit of the witness, the court has a discretion to compel or not to compel the witness to answer the question, the court decide whether a witness should answer a question that relates primarily to their credit this is provided for in