S v Mthembu (379/07)
S v Mthembu (379/07) [2008] ZASCA 51; [2008] 3 All SA 159 (SCA); [2008] 4 All SA 517 (SCA) ; 2008 (2) SACR 407 (SCA) (10 April 2008)
The Supreme Court of Appeal held that evidence obtained from Ramseroop, the accomplice, through torture—including both his narrative testimony and real evidence (the Hilux and metal box)—was inadmissible under section 35(5) of the Constitution and Article 15 of the CAT. The court found an inextricable link between the torture and the evidence presented, rendering it irredeemably tainted. The exclusionary rule applies not only to accused persons but also to third parties such as accomplices. Without the tainted evidence, the remaining evidence was insufficient to sustain convictions on counts…
Source excerpt
- Admissibility Of Evidence
- Torture And Exclusion
- Constitutional Rights
- Real Evidence
- Accomplice Testimony