Director of Public Prosecutions Limpopo v Maraba and Others (AA01/2016) [2016] ZALMPPHC 6 (4 August 2016)

Director of Public Prosecutions Limpopo v Maraba and Others (AA01/2016) [2016] ZALMPPHC 6 (4 August 2016)

The trial court erred in disregarding the plea explanation of accused number two, which, although not recorded as formal admissions, constituted evidential material that should have been considered in the discharge application. The court should have found a reasonable possibility that the State case could be supplemented during the defence case, particularly as accused number two's version implicated his co-accused and was put to State witnesses. The discharge of accused number one and three compromised the administration of justice, as the defence evidence was likely to supplement the State case. The appeal is upheld, and the discharge of accused number one and three is set aside. The...

Citation
[2016] ZALMPPHC 6
Parties
Appellant: Director of Public Prosecutions Limpopo; Respondent: Ben Maraba; Respondent: Boitumelo Tumi Tjale; Respondent: William Nina Mokwatlo
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
4 August 2016
Case Number
AA01/2016
Procedural Posture
Criminal Appeal / Appeal Against Discharge at Close of State Case
Outcome
Appeal upheld; discharge of accused number one and three set aside; trial to commence de novo before a different judge.
Judges
E.M Makgoba, G.C Muller, M.G Phatudi
Legal Topics
Section 174 Discharge, Plea Explanation, Admissions and Evidence, Rape, Murder, Kidnapping
Criminal Law Section 174 Discharge Plea Explanation Admissions and Evidence Rape Murder Kidnapping

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Parties

Director of Public Prosecutions Limpopo

Appellant

Ben Maraba

Respondent

Boitumelo Tumi Tjale

Respondent

William Nina Mokwatlo

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Discharge at Close of State Case

Legal Issues

  1. 1 Whether an accused is entitled to discharge where there is no evidence against him except an incriminating plea explanation by a co-accused not recorded as formal admissions.
  2. 2 Whether an accused is entitled to discharge where there is no evidence against him but there is a reasonable possibility of the State case being supplemented during the defence case.

Ratio Decidendi

The trial court erred in disregarding the plea explanation of accused number two, which, although not recorded as formal admissions, constituted evidential material that should have been considered in the discharge application. The court should have found a reasonable possibility that the State case could be supplemented during the defence case, particularly as accused number two's version implicated his co-accused and was put to State witnesses. The discharge of accused number one and three compromised the administration of justice, as the defence evidence was likely to supplement the State case. The appeal is upheld, and the discharge of accused number one and three is set aside. The...

Court Disposition

Appeal upheld; discharge of accused number one and three set aside; trial to commence de novo before a different judge.

Orders

  • The discharge / acquittal of accused number one and accused number three in terms of section 174 of Act 51 of 1977 is set aside.
  • The trial in respect of all the accused, i.e. accused number one, two and three shall start de novo before a different Judge.