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Chapter 33 THE PUBLIC PROSECUTOR AND CASE PREPARATION The case file As already pointed out, the job of a public prosecutor demands intellect, courage, common sense, tact, patience, capacity for hard work, training and an interest in the job. As in everything else in human affairs, a public prosecutor needs planning and preparation. It is not enough to be a genius or to master the law and rules of procedure and practice. A public prosecutor has to prepare his case – just as a good teacher has to prepare his lessons. The evidence a public prosecutor will need at the trial is not in his head but in the police case file. The law and rules of practice and procedure that are simmering in his head can only be applied correctly when he knows the nature of the evidence. The case file is a prosecutor’s first contact with the minds of the witnesses, the accused and the nature of the terrain. It will remain the medium of communication throughout the trial. It is, therefore, essential that you know the contents of your case file thoroughly. When the case file is brought to you, read all the statements of witnesses, sketches and other documents very carefully. In the case of documents, make sure that none is missing, and make sure that their contents tally with or are explained by the contents in the statements of witnesses. Even photographs must be carefully scrutinized. There could be something in them that could make a hole in your case. You cannot afford to be taken by surprise. When you have read the case file carefully, you may find that the case is a complicated one. It may be one that requires an intimate knowledge of the terrain. If that should be the case, then make a point to visit the locus with your investigator. The point is that you must have an intimate knowledge of the facts and circumstances of the entire case. What you observe at the scene may help to elucidate the statements of your witnesses. Check the distances and bearings and, if necessary, carry out a demonstration at the scene with you investigator. This should give you some idea as to the credibility of your potential witnesses. Having checked the scene against the contents of the statements, try to find out anything else at the scene which is relevant but which does not appear in the statements of witnesses or in the sketches. Make note of these because you may never know when they could come in handy. Having satisfied yourself that you know all the facts of the case, sit down and check all the relevant points of law. Check the form and content of the charge; analyse and draw up the elements of the offence in it; check up whether any of your witnesses are incompetent to testify or incapable of giving evidence; and find out which statements of your witnesses are likely to be ruled out as inadmissible for one reason or another.. Finally find out the possible defences that would be available for the accused in the face of your evidence. Even the remotest defence should be considered. The rule is: never underestimate an adversary , and never leave anything to chance. Remember that a soldier does not open fire at an enemy unless he has some idea of his own cover. Having identified the possible defences, prepare how you are going to counter them or demolish them. The investigator and you By the time you are through with these exercises, you will have possibly spotted some gaps in your case – unless your investigator has done an impeccable job – which is not always the case. If there are gaps as a result of the investigator ’s lack of diligence on any particular point, call him in and point it out to him politely and suggest how that gap can be covered. If, however, the gap is due to total lack of evidence and no amount of diligent investigation can cover it, then there is little you can do about it. In such a case, a public prosecutor will have to decide whether the gap is a minor one which can be ignored, or whether it is so serious and central to the case that the result is a foregone conclusion. If it is serious and central to the case, the public prosecutor should advise his superior officer accordingly; and he should give him his opinion and, what is...

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