S v Thabethe and Others (08/2022)
S v Thabethe and Others (08/2022) [2022] ZAFSHC 328 (3 November 2022)
The court found that the indictment, statement of facts, and particulars provided by the State, together with the accused's access to the police docket, sufficiently inform the accused of the case they must answer. The court held that the further particulars sought by the accused pertain to matters of evidence and inferential reasoning, which are to be addressed during trial. The accused's right to a fair trial is not compromised by the refusal to provide additional particulars, as any prejudice arising during trial can be remedied by the presiding judge. Accordingly, the application to compe…
Source excerpt
- Criminal Procedure Act Section 87
- Right To Fair Trial
- Further Particulars
- Fraud
- Money Laundering
- Public Finance Management Act