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South Africa decisions
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ZĂĽrich v S (42/09) [2009] ZASCA 108; 2010 (1) SACR 171 (SCA) ; [2010] 1 All SA 352 (SCA) (22 September 2009)
The court dismissed an appeal challenging the admissibility of evidence gathered through a police trap and undercover operation in an ivory-selling case.
S v Spies and Another (18/99) [2000] ZASCA 5; [2000] 2 All SA 205 (A); (22 March 2000)
The Supreme Court of Appeal held that the conduct of the police, while undesirable and open to criticism, did not render it impossible for the appellants to have a fair trial. The defence was aware of the collaborative preparation of witness statements and had access to all relevant files before evidence was led. The opportunity to cross-examine State witnesses on these issues was available but not fully utilised. The appellants were lawfully before the court, and there was no evidence of unfair enticement or pressure in the trap operation. The trial was fair, and the convictions were support…
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