(viii) (a) Allegations of unfair and improper conduct on the part of the police during investigations had no bearing on the unfairness or otherwise of the trial itself, and did not render the trial unfair; (b) The Attorney-General, who also happens to be the Minister of Legal Affairs, is allowed to prosecute; he is a Public Prosecutor by virtue of section 2 of the Criminal Procedure Code, and since he is also a legal practitioner, it was lawful for him to represent the Director of Public Prosecutions in that character;44 (c) Since the Attorney-General was potential witness for the defence, and in every case where prosecutor or defence counsel is given notice that he would be called as a witness for either side to give evidence other than formal evidence, it is desirable for such prosecutor or defence counsel to withdraw, though failure to do so is not illegal; because the Attorney General did not infact play the dual role of prosecutor and witness, there was no irregularity and no cause for complaint; (ix) (a) An accomplice who has been charged, either jointly or alone, should not be called as a witness by the prosecution unless he is omitted frown the indictment or his plea of guilty is taken, or before calling him the prosecution either offers no evidence against him and secures his acquittal or enters a nolle prosequi. An accomplice who testifies after bargaining with the prosecution is still a competent witness; (b) Though the practice of calling accomplices as prosecution witnesses has received condemnation on ethical grounds, it is unnecessary for the court to add to the weight of such condemnation or to dissipate it. If there remains a very powerful inducement, the court may decide to exercise its discretion in favour of exclusion of the accomplice evidence; (c) In exercising its discretion, the covert must take into account all the factors, including those affecting the public; it is in the interest of the public that criminals, especially in serious crimes, should be brought to justice; (x) (a) Documents found on a farm previously occupied by some of the appellants were admissible, and their contents not hearsay because they were published maps which are admissible as public documents. In any case, the maps had markings on them made by a prosecution witness who was at the form;
(viii) (a) Allegations of unfair and improper conduct on the part of the police during investigations had no bearing on the unfairness or otherwise of the trial itself, and did not render the trial unfair; (b) The Attorney-General, who also happens to be the Minister of Legal Affairs, is allowed to prosecute; he is a Public Prosecutor by virtue of section 2 of the Criminal Procedure Code, and since he is also a legal practitioner, it was lawful for him to represent the Director of Public Prosecutions in that character;44 (c) Since the Attorney-General was potential witness for the defence, and in every case where prosecutor or defence counsel is given notice that he would be called as a witness for either side to give evidence other than formal evidence, it is desirable for such prosecutor or defence counsel to withdraw, though failure to do so is not illegal; because the Attorney General did not infact play the dual role of prosecutor and witness, there was no irregularity and no cause for complaint; (ix) (a) An accomplice who has been charged, either jointly or alone, should not be called as a witness by the prosecution unless he is omitted frown the indictment or his plea of guilty is taken, or before calling him the prosecution either offers no evidence against him and secures his acquittal or enters a nolle prosequi. An accomplice who testifies after bargaining with the prosecution is still a competent witness; (b) Though the practice of calling accomplices as prosecution witnesses has received condemnation on ethical grounds, it is unnecessary for the court to add to the weight of such condemnation or to dissipate it. If there remains a very powerful inducement, the court may decide to exercise its discretion in favour of exclusion of the accomplice evidence; (c) In exercising its discretion, the covert must take into account all the factors, including those affecting the public; it is in the interest of the public that criminals, especially in serious crimes, should be brought to justice; (x) (a) Documents found on a farm previously occupied by some of the appellants were admissible, and their contents not hearsay because they were published maps which are admissible as public documents. In any case, the maps had markings on them made by a prosecution witness who was at the form;