CRIMINAL PROCEDURE AND EVIDENCE ACT 264 Evidence of bodily appearance, health or prints of accused (1) Whenever it is relevant in criminal proceedings to ascertain whether any finger-print, palm-print or foot-print of an accused person corresponds to any other finger-print, palm-print or foot-print, or to ascertain the state of health of an accused person or whether the body of an accused person has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance— (a) the court may order that all necessary steps be taken to ascertain those matters, including arrangements for — (i) the taking of the accused person’s finger-prints, palm-prints or foot-prints; and (ii) the taking of a blood, saliva or tissue sample from the accused person; and (iii) the examination of the accused person; (b) evidence of the finger-prints, palm-prints or foot-prints of the accused person or that the body of the accused person has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance, including evidence of the result of the testing of any blood, saliva or tissue sample taken from the accused person, shall be admissible in those criminal proceedings. (2) Any examination of an accused person conducted pursuant to an order of a court in terms of subsection (1)(a) shall be conducted with strict regard for decency and decorum. (3) Evidence referred to in subsection (1)(b) shall not be inadmissible solely on the ground that it was taken or ascertained against the wish or the will of the accused person. (4) Any finger-prints, palm-prints, footprints, photographs or samples and the records of any steps taken under this section shall be destroyed if the person concerned is found not guilty at his or her trial or if his or her conviction is set aside by a superior court or if the charge against him or her is withdrawn. (5) Section 41B(6) applies, with such changes as may be necessary, to a person referred to in subsection (4). [Section repealed by s. 21 of Act No. 9 of 2006 and new section inserted by s. 40 of Act No. 2 of 2016] 265 Appointment to public office Any evidence which would be admissible in any criminal case depending in the Supreme Court of Judicature of England as evidence of the appointment of any person to any office or of the authority of any person to act as a public officer shall be admissible in criminal cases in Zimbabwe. [Section as amended by s. 28 of Act No. 9 of 2006] 266 Proof of signature of public officer not necessary In any criminal proceedings any document— (a) purporting to bear the signature of any person holding a public office; and (b) bearing a seal or stamp which purports to be a seal or stamp of the Ministry, department, office or institution to which such person is attached; shall on its mere production, without proof of such signature, seal or stamp, be presumed to be signed by such person unless it is proved not to have been signed by him. 266A Admissibility of evidence obtained from certain foreign countries (1) Subject to this section⎯ (a) the record of any evidence taken; or (b) any document or other article produced or obtained; in response to a request made by the Prosecutor-General in terms of section 10 of the Criminal Matters (Mutual Assistance) Act [Chapter 9:06] shall be admissible in evidence in any court on its mere production by any person, if the court considers that it should be admitted in the interests of justice. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (2) In deciding whether or not it is in the interests of justice for any record, document or article to be admitted in evidence in terms of subsection (1), the court shall have regard to⎯ 98