Section 190: Burden of proof – Presumption of guilt or innocence—The District

190. Burden of proof – Presumption of guilt or innocence—The District Magistrate dismissed an information charging the respondents with unlawful removal of trees from State land because one of the elements of the offence had not been established by the prosecution. The Director of Public Prosecutions appealed by case stated, invoking section 44 of the Forest, Mountain and River Reserves Ordinance (now Act), which lays down that the information on oath of any Forest or Police officer shall be deemed to be prima facie evidence of guilt. HELD the section invoked was repugnant to section 10 (2) of the Constitution, which provides for the protection of a fundamental human right, that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty. The appeal was dismissed. DPP v Labavarde (1965). CON – 217 [Issue 1] The Constitution