S v Makari (CA&R 232/2003)
S v Makari (CA&R 232/2003) [2007] ZANCHC 28 (30 April 2007)
The appeal succeeded because the trial in the regional court was fatally irregular. The appellant was not afforded a fair trial due to the failure to appoint assessors as required by section 93ter(1) of the Magistrates' Courts Act, the improper administration of oaths and warnings to witnesses in contravention of sections 162-164 of the Criminal Procedure Act, and the denial of the appellant's rights regarding the admissibility of his warning statement. These irregularities were compounded by the fact that the appellant was unrepresented and not properly informed of his rights. The cumulative…
Source excerpt
- Fair Trial Rights
- Condonation Of Late Appeal
- Admissibility Of Evidence
- Role Of Assessors
- Confession And Warning Statements