Mathonsi v S (AR 294/10)
Mathonsi v S (AR 294/10) [2011] ZAKZPHC 33; 2012 (1) SACR 335 (KZP) (26 July 2011)
The court held that the previous inconsistent statement made by the hostile witness, Cele, was admissible as substantive evidence due to sufficient guarantees of reliability: it was made under oath, the witness was cross-examined by both parties, and the police officer who recorded the statement testified as to its circumstances. The statement was found to be the product of the witness's personal knowledge and not police fabrication. The court found no evidence of coercion or involuntariness. The statement, together with corroborating evidence such as ballistic links between the firearms and…
Source excerpt
- Admissibility Of Prior Inconsistent Statements
- Hostile Witness
- Hearsay Exception
- Probative Value
- Fair Trial Rights