1991

Beahan v State Zimbabwe Supreme Court 1991 103 ILR 203

The appellant had planed with other to assist convicted prisoner serving sentences in Zimbabwe to escape. The appellant tried to enter in Zimbabwe to carry out the plot. When the police of Zimbabwe was trying to search his car, he escaped to Botswana and was detained by the Botswana police. Without judicial hearing the Botswana Police handed over the appellant to the Zimbabwe Police at the border. There was no extradition treaty between the two countries. The appellant claimed lack of jurisdiction since he was unlawfully removed from Botswana

A court has jurisdiction to try any person found in its territorial jurisdiction and lawfully arrested, regardless of the means taken to secure his presence in the jurisdiction. A court should decline to exercise that jurisdiction where the accused’s presence in the jurisdiction was achieved by his abduction from the refuge state by agents of the prosecuting sate, because the act of abduction violated the sovereignty of the refuge state under international law. In the present case there has been no affront to the sovereignty of Botswana and thus no breach of international law. The failure of Botswana to follow the proper deportation procedures, there being no extradition treaty, was not a bar to the exercise of jurisdiction