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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V13) 1 CLR 131
1928 July 17
[DICKINSON, ACTING C.J., SERTSIOS, J., FUAD, J.]
POLICE
v.
DIMITRI HAJI KYRIACO.
CRIMINAL PROCEDURE-LAW 1 OF 1886, SECTION 29, PARAGRAPH 1- INVESTIGATION-MAGISTERIAL COURT JURISDICTION-"FIRST COMPLAINT".
Appeal of, accused from conviction by a Magisterial Court.
Theocharides for appellant (accused).
Pavlides, Acting Solicitor-General, for Police.
The facts are as follows:-
Accused was charged before a Magisterial Court with the offence of assaulting. The complainant met a mukhtar and made a first complaint to him. Evidence of this first complaint was heard, although defending counsel objected that Section 29 paragraph 1, did not authorise a Magisterial Court to hear such evidence when trying a criminal charge summarily.
Apart from the evidence of this complaint there was no sufficient corroboration of complainant's evidence to convict the accused.
Held by majority (Sertsios, J., dissenting) that Law 1 of 1886, Section 29, paragraph 1, does not authorise a Magisterial Court to hear evidence of a first complaint except when taking depositions for the purpose of committing an accused person to the Assize Court.
Appeal allowed; conviction quashed.