Bezuidenhout v S (41/2020)
Bezuidenhout v S (41/2020) [2021] ZASCA 52 (23 April 2021)
The Supreme Court of Appeal found that the appellant, as a layperson and self-represented accused, was not adequately assisted by the trial court regarding the technical nature and significance of the expert evidence led by the State. The magistrate failed to explain the consequences of the evidence or assist the appellant in procuring expert witnesses in rebuttal. This omission rendered the trial unfair. Given the adverse credibility findings already made by the magistrate and the pre-determination of the impact of further evidence, remittal for further evidence would not be just. The only f…
Source excerpt
- Fair Trial Rights
- Adducing Further Evidence
- Self Represented Accused
- Application Of Criminal Procedure Act
- Remittal And De Novo Trial