Phoshoko v S (Appeal) (AA09/2022)
Phoshoko v S (Appeal) (AA09/2022) [2025] ZALMPPHC 90 (5 May 2025)
The appeal court found that the trial court committed several procedural irregularities that went to the heart of the appellant's right to a fair trial. These included the improper admission of evidence without adequate ventilation in a 'trial within a trial', the trial court's intervention and limitation of cross-examination, and the acceptance of inadmissible hearsay evidence. The trial court failed to clarify which evidence formed the basis of the conviction and did not properly address the admissibility of the pointing out and confession. The cumulative effect of these irregularities rend…
Source excerpt
- Fair Trial Rights
- Admissibility Of Evidence
- Procedural Irregularity
- Confession And Admission
- Criminal Appeal
- Unconstitutionally Obtained Evidence