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S v Thomas en Ander (SS12/2010) [2011] ZAWCHC 534 (30 November 2011)
The Western Cape High Court refused an in camera hearing under section 153, but protected the identities of prior witnesses and barred publication of those details.
S v Thomas en Anders (SS12/2010) [2011] ZAWCHC 412 (25 October 2011)
The court found that the murder of six potential witnesses in this matter constituted exceptional circumstances justifying deviation from the open court principle. The risk to the safety of the witness Staggie, who is part of the witness protection programme, outweighed the prejudice to the defence. The court held that it was in the interests of justice, as contemplated in section 153(1) of the Criminal Procedure Act and section 74(1)(b)(i) of the Prevention of Organised Crime Act, that Staggie's testimony be heard in camera, his identity protected, and publication of related information proh…
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