Private Prosecution – Disclosure Of Material Evidence – Updates

The below represents updates to our initial Article which can be found Here ?

Update 1: On 17/02/2021, the Court of Appeal in Civ.App. 373/2019 overruled the decision of the Court of First Instance (Jurisdiction of Prerogative Writs) which rejected the application for leave to file an application for Certiorari cancelling the decision of the Court of First Instance rejecting the request for disclosure of material evidence and/or Prohibition prohibiting the further carrying-on of the proceedings and/or Mandamus ordering the private prosecutor to disclose the material evidence to the Defense. Part of the rationale was that the discrimination between accused that are prosecuted from public authorities and private prosecutors is not permissible and not in line with the fundamental principles aiming to safeguard the rights of every accused person.