Soares and Another v S (CAF26/2016)
Soares and Another v S (CAF26/2016) [2017] ZANWHC 24 (15 June 2017)
The trial court failed to properly establish whether the child complainant understood the nature and import of the oath or the importance of speaking the truth, as required by section 164 of the Criminal Procedure Act. The questions posed did not ascertain her understanding, and her responses indicated confusion. The trial court also failed to appoint an intermediary for the child witness, despite clear indications of undue mental stress, and instead appointed a guardian without statutory basis. The evidence of the complainant was unreliable, and the second complainant did not testify. The me…
Source excerpt
- Rape
- Child Witness Competence
- Section 164 Criminal Procedure Act
- Section 170a Criminal Procedure Act
- Admissibility Of Evidence
- Reasonable Doubt