S v Baadjies (CC10/2016) [2016] ZAECPEHC 38 (5 August 2016)

S v Baadjies (CC10/2016) [2016] ZAECPEHC 38 (5 August 2016)

The court found that the accused was positively identified by credible eyewitnesses as one of the armed perpetrators who committed the murders and attempted murders. The accused's conduct, including fleeing the scene with his cohorts and being armed, established his direct involvement and common purpose in the crimes. The photographic and physical evidence corroborated the eyewitness accounts. The accused's version was rejected as improbable and opportunistic. The absence of gunshot residue and the fact that the firearm was not found in his possession at arrest did not exculpate him, as the evidence showed he could have discarded the weapon during flight. The court ruled that hearsay...

Citation
[2016] ZAECPEHC 38
Parties
Applicant: THE STATE; Accused: PRESTON BAADJIES
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 August 2016
Case Number
CC10/2016
Procedural Posture
Criminal Trial / Conviction and Verdict
Outcome
The accused is convicted on counts 1, 2, 4, 5 and 6 as charged. The accused is acquitted on count 3.
Judges
Chetty
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Hearsay Evidence, Common Purpose
Criminal Law Murder Attempted Murder Unlawful Possession of Firearms Unlawful Possession of Ammunition Hearsay Evidence Common Purpose

Case Brief

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Parties

THE STATE

Applicant

PRESTON BAADJIES

Accused

Procedural Posture

Criminal Trial / Conviction and Verdict

Legal Issues

  1. 1 Whether the accused was one of the perpetrators who committed the murders and attempted murders on 12 July 2013.
  2. 2 Whether the accused unlawfully possessed firearms and ammunition during the incidents.
  3. 3 Whether hearsay evidence from a deceased witness should be admitted under s 3 of the Law of Evidence Amendment Act.

Ratio Decidendi

The court found that the accused was positively identified by credible eyewitnesses as one of the armed perpetrators who committed the murders and attempted murders. The accused's conduct, including fleeing the scene with his cohorts and being armed, established his direct involvement and common purpose in the crimes. The photographic and physical evidence corroborated the eyewitness accounts. The accused's version was rejected as improbable and opportunistic. The absence of gunshot residue and the fact that the firearm was not found in his possession at arrest did not exculpate him, as the evidence showed he could have discarded the weapon during flight. The court ruled that hearsay...

Court Disposition

The accused is convicted on counts 1, 2, 4, 5 and 6 as charged. The accused is acquitted on count 3.

Orders

  • The accused is found guilty on two counts of murder, one count of attempted murder, and two counts of unlawful possession of firearms and ammunition.
  • The accused is acquitted on the attempted murder charge relating to Mr Dean Gallant.