Van der Merwe v National Prosecuting Authority and Another (CC56/2020)
Van der Merwe v National Prosecuting Authority and Another (CC56/2020) [2023] ZALMPPHC 34 (14 April 2023)
The court found that the applicant had already received all relevant documents and expert reports required for the preparation of her defence. The additional documents sought, such as bench notes and registers, were not shown to be necessary or relevant to the defence, and the application was based on speculative allegations of possible irregularities without factual support. The right to a fair trial under section 35 of the Constitution does not extend to unlimited access to all documents in the State's possession, especially those not relied upon in prosecution. The applicant failed to esta…
Source excerpt
- Disclosure Of Evidence
- Right To Fair Trial
- Criminal Procedure Act
- Constitutional Rights
- Ballistic Evidence
- Mental Observation Reports