S v Faku
S v Faku [2007] ZAFSHC 132 (22 November 2007)
The trial court committed a material procedural irregularity by admitting the post-mortem report and doctor's affidavit without calling the doctor to testify, despite a reasonable and specific request from the defence. This denied the appellant the opportunity to cross-examine a key witness and challenge the medical evidence regarding causation. The written medical evidence, admitted under section 212(4), remained prima facie proof and could not be elevated to conclusive proof in the absence of oral testimony or proper admission. The irregularity created substantial uncertainty as to whether…
Source excerpt
- Culpable Homicide
- Admissibility Of Medical Evidence
- Procedural Irregularity
- Hearsay Evidence
- Actus Novus Intervenes