Roche-Kelly v S (A330/2018)
Roche-Kelly v S (A330/2018) [2019] ZAWCHC 187 (28 November 2019)
The court held that Briscoe's affidavit, although not labelled as a certificate nor referencing section 10(2), satisfies the statutory requirements by attesting to the facts and confirming sufficient evidence for prosecution. The Extradition Act does not prescribe a format for such certificates, and the affidavit was issued by an authorised prosecution officer. The hearsay nature of the affidavit does not render it inadmissible, as extradition proceedings permit hearsay evidence and do not require first-hand testimony at this stage. The statement of offences document, though unsigned and not…
Source excerpt
- Extradition Act
- Hearsay Evidence
- Certificate Of Sufficiency
- European Convention On Extradition