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South Africa decisions
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S v Khosa (A 224/14) [2014] ZAGPPHC 398 (28 March 2014)
On special review, the High Court set aside evidence led after the complainant’s testimony because the rest of the record had been destroyed by fire.
S v Sheehama (261/89) [1991] ZASCA 45; 1991 (2) SA 860 (AD); [1991] 2 All SA 235 (A) (28 March 1991)
The Supreme Court of Appeal held that the appellant's confessions and pointing out were not made freely and voluntarily, but were the result of sustained assault, threats, and psychological pressure by police and military personnel. The warnings given before the pointing out were grossly inadequate and misleading, as the interpreter distorted the content, creating the impression that the appellant was compelled to cooperate. The Court found that the State failed to exclude the reasonable possibility that the appellant's fear of further violence or death induced his cooperation. The Court reje…
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