S v Porritt and Another (SS40/06) [2022] ZAGPJHC 132 (7 March 2022)

S v Porritt and Another (SS40/06) [2022] ZAGPJHC 132 (7 March 2022)

The court found that Mr Porritt was not justified in failing to attend court on 9 February 2022. His reliance on an alleged medical appointment was unsupported by any written confirmation or record, and no appointment had in fact been made. The court emphasized that the accused cannot act as judge, jury, and sheriff, and must comply with court orders and attend proceedings unless excused by the court upon proper application. The court also addressed the accused's complaints regarding transportation and detention conditions, noting that these issues should be raised through substantive application and not disrupt the trial. The court amended the previous order to adjust the dates for...

Citation
[2022] ZAGPJHC 132
Parties
Applicant: The State; Defendant: Gary Patrick Porritt; Defendant: Susan Hilary Bennett
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2022
Case Number
SS40/06
Procedural Posture
Criminal Law Application / Ruling on Reasons for Amendment of Previous Order and Directions Regarding Accused's Attendance
Outcome
The court amended the previous order regarding medical examination and reporting dates, warned the accused regarding future non-attendance, and directed that any further absence must be justified by good cause or be subject to investigation under s 342A.
Judges
Spilg
Legal Topics
Fair Trial Rights, Court Attendance Obligation, Undue Delay, Correctional Services Transport, Medical Examination Order
Criminal Law Civil Procedure Fair Trial Rights Court Attendance Obligation Undue Delay Correctional Services Transport Medical Examination Order

Case Brief

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Parties

The State

Applicant

Gary Patrick Porritt

Defendant

Susan Hilary Bennett

Defendant

Procedural Posture

Criminal Law Application / Ruling on Reasons for Amendment of Previous Order and Directions Regarding Accused's Attendance

Legal Issues

  1. 1 Whether the accused, Mr Porritt, was justified in failing to attend court on 9 February 2022.
  2. 2 Whether the conditions of transportation and detention for the accused infringe his fair trial rights.
  3. 3 Whether the accused can unilaterally decide not to attend court based on alleged medical appointments.

Ratio Decidendi

The court found that Mr Porritt was not justified in failing to attend court on 9 February 2022. His reliance on an alleged medical appointment was unsupported by any written confirmation or record, and no appointment had in fact been made. The court emphasized that the accused cannot act as judge, jury, and sheriff, and must comply with court orders and attend proceedings unless excused by the court upon proper application. The court also addressed the accused's complaints regarding transportation and detention conditions, noting that these issues should be raised through substantive application and not disrupt the trial. The court amended the previous order to adjust the dates for...

Court Disposition

The court amended the previous order regarding medical examination and reporting dates, warned the accused regarding future non-attendance, and directed that any further absence must be justified by good cause or be subject to investigation under s 342A.

Orders

  • Paragraphs 2 and 3 of the order of 26 January are amended: the date for Dr Tsitsi's report is changed to 21 February 2022.
  • The date in paragraph 7.2 is amended to exclude 16 February 2022.