S v Goeieman (103/07)
S v Goeieman (103/07) [2008] ZANCHC 27 (20 June 2008)
The court found that the accused was denied a fair trial due to three serious irregularities: (1) failure to properly inform the accused of his rights under section 115 of the Criminal Procedure Act, resulting in self-incrimination; (2) refusal by the magistrate to allow the accused to engage legal representation when requested, violating section 35(3)(f) of the Constitution; and (3) failure to allow the accused and the State to address the court on the merits before judgment, contrary to section 175 of the Criminal Procedure Act. These irregularities were so fundamental that they vitiated th…
Source excerpt
- Right To Fair Trial
- Legal Representation
- Plea Explanation
- Cross Examination
- Address On Merits