S v Porritt and Another (SS40/2006)
S v Porritt and Another (SS40/2006) [2016] ZAGPJHC 210; [2016] 4 All SA 223 (GJ); 2016 (2) SACR 700 (GJ) (28 July 2016)
The court found that the accused failed to establish, on a balance of probabilities, that their fair trial rights under section 35(3)(b) of the Constitution would be infringed if the trial proceeded in Johannesburg. The alleged financial, logistical, and psychological disadvantages were not substantiated, particularly given the availability of accommodation in Johannesburg and the fact that all relevant documents had been provided by the State. The court held that the right to adequate facilities to prepare a defence does not encompass all conveniences of home life, and that any unforeseen ne…
Source excerpt
- Jurisdiction Of High Court
- Fair Trial Rights
- Centralisation Of Criminal Proceedings
- Constitutional Right To Adequate Facilities
- Criminal Procedure Act
- National Prosecuting Authority Act