Van Niekerk and Another v S (CC 24 of 2012) [2017] NAHCMD 273 (27 September 2017)

Van Niekerk and Another v S (CC 24 of 2012) [2017] NAHCMD 273 (27 September 2017)

The applicants' rights to a fair trial under Article 12 were not violated, as the only rights infringement (invalid search warrant) was remedied by exclusion of the evidence, and there was no credible evidence of further prejudice or improper disclosure. The application for release from prosecution is dismissed.

Citation
[2017] NAHCMD 273
Parties
First Applicant: Jeremia van Niekerk; Second Applicant: Melanie van Niekerk; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
27 September 2017
Case Number
CC 24 of 2012
Procedural Posture
Criminal Application / Ruling on Application to Release Applicants From Prosecution
Outcome
application dismissed
Legal Topics
Right to Fair Trial, Article 12 of the Constitution, Search and Seizure, Criminal Procedure, Fraud, Theft, Banking Regulation
Source Language
English
Criminal Law Constitutional Law Right to Fair Trial Article 12 of the Constitution Search and Seizure Criminal Procedure Fraud Theft +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jeremia van Niekerk

First Applicant

Melanie van Niekerk

Second Applicant

The State

Respondent

Procedural Posture

Criminal Application / Ruling on Application to Release Applicants From Prosecution

Legal Issues

  1. 1 Whether the applicants' rights to a fair trial under Article 12 of the Constitution were violated by the use of an invalid search warrant and alleged incomplete disclosure, warranting their release from prosecution.

Ratio Decidendi

The applicants' rights to a fair trial under Article 12 were not violated, as the only rights infringement (invalid search warrant) was remedied by exclusion of the evidence, and there was no credible evidence of further prejudice or improper disclosure. The application for release from prosecution is dismissed.

Court Disposition

application dismissed

Orders

  • The application to release the applicants from prosecution is dismissed.
  • Applicants to make an election under section 151 of the Criminal Procedure Act 51 of 1977.