S v Porritt and Another (SS40/2006) [2019] ZAGPJHC 158 (23 May 2019)

S v Porritt and Another (SS40/2006) [2019] ZAGPJHC 158 (23 May 2019)

The court found that Ms Bennett had repeatedly and deliberately ignored previous orders and rulings regarding the conduct of her cross-examination of Mr Milne. Despite being warned and given latitude as a self-represented accused, Bennett continued to rehash issues already covered, particularly concerning the alleged outflow of R115.3 million of investor funds and the purported loan transaction. Her explanation that she was preparing to put her version was not supported by the record, and her approach amounted to an unreasonable protraction of cross-examination, causing undue delay in the proceedings. The court held that reasonable limits must be imposed under section 166(3)(a) of the...

Citation
[2019] ZAGPJHC 158
Parties
Applicant: The State; Defendant: Gary Porritt; Defendant: Susan Bennett
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 May 2019
Case Number
SS40/2006
Procedural Posture
Criminal Trial / Ruling on Unreasonable Protraction of Cross Examination During Trial
Outcome
Ms Bennett was found to have unreasonably protracted her cross-examination of Mr Milne, causing unreasonable delay in the proceedings. The court imposed strict deadlines for the completion of her cross-examination.
Judges
Spilg
Legal Topics
Unreasonable Protraction of Cross Examination, Section 166 Criminal Procedure Act, Fraud, Fair Trial Rights, Self Represented Accused
Criminal Law Civil Procedure Unreasonable Protraction of Cross Examination Section 166 Criminal Procedure Act Fraud Fair Trial Rights Self Represented Accused

Case Brief

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Parties

The State

Applicant

Gary Porritt

Defendant

Susan Bennett

Defendant

Procedural Posture

Criminal Trial / Ruling on Unreasonable Protraction of Cross Examination During Trial

Legal Issues

  1. 1 Whether Ms Bennett has unreasonably protracted her cross-examination of Mr Milne, thereby causing unreasonable delay in the proceedings.
  2. 2 Whether reasonable limits should be imposed on Ms Bennett's cross-examination under section 166(3)(a) of the Criminal Procedure Act.
  3. 3 Whether Ms Bennett's lack of legal representation affects her obligations in cross-examination and the drawing of adverse inferences.

Ratio Decidendi

The court found that Ms Bennett had repeatedly and deliberately ignored previous orders and rulings regarding the conduct of her cross-examination of Mr Milne. Despite being warned and given latitude as a self-represented accused, Bennett continued to rehash issues already covered, particularly concerning the alleged outflow of R115.3 million of investor funds and the purported loan transaction. Her explanation that she was preparing to put her version was not supported by the record, and her approach amounted to an unreasonable protraction of cross-examination, causing undue delay in the proceedings. The court held that reasonable limits must be imposed under section 166(3)(a) of the...

Court Disposition

Ms Bennett was found to have unreasonably protracted her cross-examination of Mr Milne, causing unreasonable delay in the proceedings. The court imposed strict deadlines for the completion of her cross-examination.

Orders

  • By 29 May 2019, Ms Bennett shall have put her case to Mr Milne regarding the outflow from Synergy of the R115.3 million, specifically addressing whether she was aware of any transaction justifying it and meaningfully challenging Milne's contentions that the entry in the reconciliation was fictitious or manufactured.
  • If Ms Bennett fails to do so by 29 May 2019, and unless good cause is shown in a written application deposed to under oath, she will be required to conclude her cross-examination by 31 May 2019.