S v S (A JUVENILE) 1991 (1) ZLR 237 (H)

1991 (1) ZLR p237

Flynote

Criminal procedure — record lost — duties of Clerk of Court where presiding magistrate is functus officio — record to be reconstructed from best secondary evidence available

Duties of Clerk of Court in part — heard matters — plea of guilty — record to be reconstructed preferably under the direction and supervision of presiding magistrate — permissible if there is no prejudice to the accused — plea of not guilty — duty of Clerk of Court to obtain the best secondary evidence — witnesses to be re-called to confirm accuracy of reconstructed record — right of accused and State to cross-examine as to the correctness of re-constructed record.