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Criminal Law [2008] ZAGPHC 271

McBride v Regional Magistrate Pretoria and Another (A394/2008)

McBride v Regional Magistrate Pretoria and Another (A394/2008) [2008] ZAGPHC 271 (11 September 2008)

The High Court found that the magistrate's refusal to grant access to section 204 witness statements was irregular and not based on a bona fide, informed decision. The applicant's constitutional right to a fair trial, including the right to prepare his defence and to adduce and challenge evidence, would be negatively impacted by denial of access to the requested documents. The State has a corollary obligation to make full disclosure of relevant documents in the police docket to the accused. The Court held that intervention at this stage is warranted to prevent potential prejudice to the appli…

  • Access To Police Docket
  • Right To Fair Trial
  • Mandamus
  • Section 204 Statements
  • Disclosure Of Evidence
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