High Court of South Africa Eastern Cape, Mthatha - 2022 March

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Citation
Judgment date
March 2022
Confession excluded as not voluntary; State evidentially deficient — all accused discharged on all counts.
Criminal procedure — admissibility of confession — section 217 CPA; constitutional rights — section 35(1) — right to remain silent and legal representation; warning statement (SAPS) — necessity for early use; voluntariness of statements; sufficiency of circumstantial evidence; section 174 discharge.
24 March 2022