(d) receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not a compellable witness and, if the appellant makes application for the purpose, of the wife of the appellant in cases where the evidence of the wife could not have been given at the trial except on such application; (e) set aside the conviction and remit the case to the court martial by which the appellant was originally tried for further hearing with such instructions as regards the taking of further evidence or otherwise as appears to it necessary; (f) where any question arising at the appeal involves prolonged examination of documents or accounts or any scientific or local investigation which cannot, in the opinion of the Appeal Court, conveniently be conducted before the Appeal Court, order the reference of the question in the manner required by rules of court for inquiry and report to a special commissioner appointed by the Appeal Court and act upon the report of any such commissioner as far as it may think fit to adopt it; (g) appoint any person with special expert knowledge to act as an assessor to the appeal Court in an advisory capacity in any case where it appears to the Appeal Court that such special knowledge is required for the proper determination of the case; (h) issue any warrant necessary for enforcing any order or sentence of the Appeal Court; (i) assign to an appellant in any appeal or proceedings preliminary or incidental to an appeal such legal assistance as may be provided by rules of court: Provided that, when the Appeal Court receives further evidence or gives instruction for the taking of further evidence, it shall make such order as will secure an opportunity to the parties to the proceedings to examine every witness whose evidence is taken. (2) There may be paid out of moneys appropriated for the purpose by an Act of Parliament— (a) to a witness attending the Appeal Court in obedience to an order under paragraph (c) of subsection (1) or examined in pursuance of such an order before any person appointed in terms of that paragraph, such travelling and subsistence allowances; and (b) to a special commissioner to whom a question is referred for inquiry and report under paragraph (f) of subsection (1) and to a person appointed under paragraph (g) of that subsection to act as an assessor to the Appeal Court, such remuneration and such travelling and subsistence allowances; and (c) to any person assigned by the Appeal Court to provide legal assistance to an appellant under paragraph (i) of subsection (1), such sums in respect of fees; as may be provided by rules of court. (3) The Appeal Court may require and administer any necessary oath the form of which shall be the same, as nearly as may be, as that which is used in the High Court. 84 Written presentation of appellant’s case An appellant may, if he so desires, instead of presenting his case orally, present it in writing in the form required by rules of court. 85 Attendance of appellant at hearing of appeal (1) An appellant shall not be entitled to be present at the hearing of an appeal under this Part or at any proceedings preliminary or incidental to such appeal except where rules of court provide he shall have the right to be present or when the Appeal Court gives him leave to be present. (2) The power of the Appeal Court under this Part to pass any sentence may be exercised notwithstanding that the appellant is for any reason not present. 86 Stay of execution of death sentence In the case of a sentence of death by a court martial, the sentence shall not be executed until after the expiration of the time within which notice of intention to appeal against conviction may be given and, if notice of intention to appeal is so given, the sentence shall not be executed until the appeal has been determined or abandoned. 87 No retrial where conviction quashed Where the conviction of a member by a court martial for an offence has been quashed under this Part, he shall not be liable to be tried again for that offence by a military court or a civil court. 88 Enforcement of orders, etc. (1) The process of the Appeal Court shall run throughout Zimbabwe and all authorities in Zimbabwe shall act in aid of the Appeal Court. (2) Any judgment, decision or order of the Appeal Court shall have full effect in Zimbabwe and shall be enforceable by all courts and authorities in Zimbabwe in like manner as if it were a judgment, decision or order of the High Court. 88A …... [Subsection repealed by s. 16 of Act No. 6 of 2005]