No picture yet. Upload one or paste an image URL.
Mr Bateman, a journalist, was not entitled to possess or publicize the docket documents, and Ms Johnson should have known this and not shared it with the suspect in an assault complaint.
“Mr Bateman was not entitled to that document . So it is not part of the public domain . ... Ms Johnson should have known that when she received it from him and she should not have shared it with the suspect in the assault complaint ?”
Suspects should only be entitled to the contents of the docket after being charged and with disclosure to their lawyers or themselves, not beforehand during the investigation.
“Procedurally is when he is either represented or not represented in the case before Court and there is a disclosure to the defence, either to his lawyer or to himself, the suspect himself. That is when you get entitled to the documents ... After you are charged.”
It is very important for investigating officers to get the suspect's version of events without showing them the complainant's statement beforehand as it is unethical and not allowed.
“When I do a warning statement that I inform the suspect of the complaint, not what the witness was saying, because I need the suspect's version of events, if he is going to give it to me or not. That is a different ballgame. If he is not giving it to me, then obviously I cannot take it further. But if he is willing to give it to me, I cannot tell him beforehand what the suspect said because it is unethical and it is not allowed.”
The complainants named in the inquiry are against the suspect who takes mining rights unlawfully.
“They are against the suspect who takes mining rights.”
Members handled a formal bail application for a suspect, who was granted bail.
“the members were busy with a formal bail application on the same mentioned suspect. The said suspect was granted bail”
The same suspect was rearrested on 20 September.
“The same suspect was rearrested on the 20th of September”
Lieutenant-General Shibiri indicated knowledge that the suspect was working and was business partners with Mswazi and five other people, related to their behaviour after the arrest.
“I discovered that he was working, he was business partners with Mswazi and the other five people and that is what I was hearing with him, because I was knowing he is at the safe house.”
Lieutenant-General Shibiri was phoned by General Sibiya to establish the detention status of a detainee unknown to the family.
“I was phoned by the General to say he received a complaint that the family does not know where the suspect has been detained and I must establish the detention status.”