Gilchrist v S (1153/2021)
Gilchrist v S (1153/2021) [2025] ZASCA 57 (12 May 2025)
The Supreme Court of Appeal held that the trial court complied with s 93ter(1) of the Magistrates’ Court Act, as the record reflected that the appellant’s legal representative confirmed no assessors were required. The appellant was legally represented throughout, and there was no indication he was uninformed of his rights. The application to introduce new evidence based on a recanting affidavit was refused, as the affidavit lacked independent corroboration and was not probably true or reliable. The identification evidence was detailed, corroborated, and the appellant himself conceded that the…
Source excerpt
- Murder
- Identification Evidence
- Alibi Defence
- Magistrates Court Assessors
- Leave To Introduce New Evidence
- Firearms Control Act