High Court of South Africa Northern Cape, Kimberley - 2016 September

1 judgment

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1 judgment
Citation
Judgment date
September 2016
Reported
Conviction set aside due to unreliable identification and multiple investigative, prosecutorial and trial-management failures.
Criminal law – identity evidence – reliability of identification where observation was brief, in darkness, and later after display to accused at arrest. Criminal procedure – alibi – duty of police to investigate alibi and duty of prosecution to make material evidence available. Evidence preservation – failure to secure vehicle, cellphone and soil samples; failure to forensically test exhibits. Identification procedure – improper/display identification risks contaminating witness testimony. Trial management – excessive postponements and undue delay; obligation on presiding officers to curb delays.
9 September 2016