State v Krejcir and Others (SS26/2014)
State v Krejcir and Others (SS26/2014) [2015] ZAGPJHC 300 (14 April 2015)
The court found that the evidence accused 2 sought to introduce was new and relevant to the determination of the admissibility of his statement. Section 167 of the Criminal Procedure Act empowers the court to recall any witness, including an accused, if such evidence is essential to a just decision. The court determined that there was no procedural prejudice to the State that outweighed the interests of justice. The recall of accused 2 was necessary to ensure all relevant facts were before the court, and the application was granted.
Source excerpt
- Recall Of Witness
- Admissibility Of Evidence
- Criminal Procedure Act Section 167
- Trial Within A Trial