Kew v S (CA&R138/19) [2020] ZAECGHC 46 (21 May 2020)

Kew v S (CA&R138/19) [2020] ZAECGHC 46 (21 May 2020)

The court found that the contradictions in the State's evidence regarding the serial numbers of the blood sample kit were cured by the testimony of Dr Futshane and the forensic analyst's report. The appellant admitted the accuracy of the forensic certificate, which confirmed the sample's integrity and chain of custody. The presumption in section 65(4) of Act 93 of 1996 was applicable and justifiable, and the appellant failed to adduce sufficient evidence to rebut it. The evidence established beyond reasonable doubt that the blood specimen analysed was taken from the appellant and was free from contamination. The appellant's constitutional right to be presumed innocent was not infringed,...

Citation
[2020] ZAECGHC 46
Parties
Appellant: John Richard Kew; Respondent: The State
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
21 May 2020
Case Number
CA&R138/19
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed.
Judges
S Jikela, B Hartle
Legal Topics
Driving Under Influence, Chain of Evidence, Statutory Presumption, Contamination of Evidence, Burden of Proof
Criminal Law Driving Under Influence Chain of Evidence Statutory Presumption Contamination of Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

John Richard Kew

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the blood specimen analysed was taken from the appellant.
  2. 2 Whether the blood specimen analysed was free of any contamination.
  3. 3 Whether the statutory presumption in section 65(4) of Act 93 of 1996 applies and is consistent with the appellant's constitutional right to be presumed innocent.

Ratio Decidendi

The court found that the contradictions in the State's evidence regarding the serial numbers of the blood sample kit were cured by the testimony of Dr Futshane and the forensic analyst's report. The appellant admitted the accuracy of the forensic certificate, which confirmed the sample's integrity and chain of custody. The presumption in section 65(4) of Act 93 of 1996 was applicable and justifiable, and the appellant failed to adduce sufficient evidence to rebut it. The evidence established beyond reasonable doubt that the blood specimen analysed was taken from the appellant and was free from contamination. The appellant's constitutional right to be presumed innocent was not infringed,...

Court Disposition

Appeal against conviction dismissed.

Orders

  • The appeal against the conviction is dismissed.