REDRESS/AMANI The evidence collected is compiled in a police docket and sent to the public prosecutor (who is a delegate or representative of the Attorney-General, in practice appointed through the Director of Public Prosecutions [DPP] in the AttorneyGeneral’s office) at the Magistrates Court, or to the offices of the Attorney-General/ DPP if the case is complex or is likely to take place in the High Court. 101 The police can be directed to undertake further investigations or to answer queries, and eventually the Attorney General or the DPP or his delegate/representative decides if the accused is to face trial. Such a decision is within his discretionary power, and even when there is a prima facie case against an accused, he is not obliged to bring charges. Where the State has declined to prosecute, a private prosecution can be brought by someone who has a substantial and peculiar interest in the issue of the trial case, arising out of some injury which he has individually suffered by the commission of the offence. 102 Private prosecutions are very rare in Zimbabwe. A party who qualifies to bring one has to provide security for the accused person ’s costs. The State can take over a private prosecution any time after it has commenced. Where a death has occurred apparently as a result of unnatural causes, an investigation takes place and an enquiry is held to establish the cause of death, and whether anyone is prima facie connected with any offence linked to it. The investigation and enquiry procedures are set out and are held in terms of the Inquests Act [Chapter 7: 07]. The police compile what is termed as a sudden death docket. The police must examine the body as soon as possible 103 and a careful note must be made of its appearance.104 The police must then, where practicable, cause the corpse to be examined by a doctor105 as soon as possible. The post-mortem report (if there is one), along with the police report, witness statements, photographs and any other relevant evidence is required to be placed in the sudden death docket and forwarded to the public prosecutor at the Magistrates Court ‘without delay… in order that the Magistrate may take such further steps, if any, as may be needful, either to ascertain the cause of death or to bring to justice such person or persons as appear to have unlawfully caused such death.’106 The Magistrate may then hold an inquest to ascertain the cause of death, or if there is no post mortem report he may direct that one be provided. 107 The inquest is a public hearing which is less formal than a criminal trial, and the next-of-kin can attend and be legally represented. They are also entitled to have a representative private pathologist present at the post-mortem. The Magistrate must send the 101 The Attorney-General is the State’s principal law officer and his office is created in terms of the Constitution, which with the Criminal Procedure and Evidence Act [Chapter 9:07] sets out his powers. He is appointed by the President. All powers, authorities and functions relating to the prosecution of crimes in the name of the State vest in him. These powers do not extend to prosecutions in courts martial, trials by police officers’ boards and prison trials. The powers of the DPP are not specified in legislation but he is a delegate of the Attorney-General, and he is also appointed by the President. 102 The detailed procedure for a private prosecution to take place is set out in Part III of the Criminal Procedure and Evidence Act [Chapter 9:07)], Sections 12 to 22. 103 A police officer must attend the scene ‘with all convenient speed’: Section 2. 104 Section 3 provides that “ In viewing the dead body the police officer shall take careful note of all appearances, marks and traces presented by it and about it which tend to show whether the deceased did or did not come to his death by violence, and if from violence, whether the same was used by himself or some other, and if by some other, who such other was or how he may be discovered.” 105 Section 4. 106 Section 5. 107 Section 6. 19