State v Gawanab (CC 31 of 2019) [2021] NAHCMD 176 (21 April 2021)

State v Gawanab (CC 31 of 2019) [2021] NAHCMD 176 (21 April 2021)

The court held that ordering the accused to submit to photographs of his bodily features under s 37(3)(a) is lawful, does not infringe his constitutional rights, and is a reasonable and necessary step in the interests of justice. The process does not amount to compelling self-incriminating evidence.

Citation
[2021] NAHCMD 176
Parties
Prosecutor: The State; Accused: Gavin Gawanab
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 April 2021
Case Number
CC 31 of 2019
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
application granted
Legal Topics
Bodily Features Evidence, Self Incrimination, Fair Trial Rights, Identification Evidence
Source Language
English
Criminal Law Criminal Procedure Bodily Features Evidence Self Incrimination Fair Trial Rights Identification Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Prosecutor

Gavin Gawanab

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether the accused can be compelled to submit to photographs of bodily features under s 37(3)(a) of the Criminal Procedure Act 51 of 1977
  2. 2 Whether such compulsion infringes the accused's constitutional rights to dignity, bodily integrity, and the right against self-incrimination

Ratio Decidendi

The court held that ordering the accused to submit to photographs of his bodily features under s 37(3)(a) is lawful, does not infringe his constitutional rights, and is a reasonable and necessary step in the interests of justice. The process does not amount to compelling self-incriminating evidence.

Court Disposition

application granted

Orders

  • The investigating officer is ordered to take photographs of the bodily features of the accused before the trial resumes.