Referred to as: Defence · defence · DEFENCE
No picture yet. Upload one or paste an image URL.
The Magistrate did not give reasons for imposing bail conditions and did not engage the accused or defence before deciding, leading to those conditions being set aside on appeal.
“The Magistrate did not give reasons for imposing this condition ... he was not engaged to address the Court on that ... that led to the conditions being set aside”
The amended chargesheet was disclosed to the Defence around September and was the version that would have gone to trial if not amended again.
“So around September, they are now asking for a final chargesheet ... it was disclosed to the Defence ... this would have gone to trial if it had not been amended”
ADV Serunye drafted the amended chargesheet and disclosed it to the Defence, and sent the related email to one of the attorneys representing accused number 1 (Mr Lushaba) sharing the chargesheet with other attorneys.
“This charge sheet... is the chargesheet that I drafted ... disclosed to the Defence ... I think I am the one who sent the email to one of the attorneys who represents accused number 1 ... representing Mr Lushaba ... and thereafter sent it to the other attorneys”
The chargesheet was also disclosed to the Defence from the date of the first appearance.
“Which was also disclosed to the Defence from the date of the first appearance .”
The affidavit dated 6 January 2025 by Honourable Adams is an original affidavit that has not been disclosed even to the Defence, and requires them to apply to access it due to a Section 27 referral confidentiality.
“The affidavit of the 6th of January 025 is an original affidavit. It was signed by Mr Adams on 6 January 2025... This document has not even been disclosed to the Defence, and it is one of those documents where even the Defence would have to apply for the document to be made available to them. The section 27 referral cannot be made available”
The Section 27 referral document initiates the intake of a matter and is confidential, only disclosed to the accused if requested, and has not been disclosed to the Defence relevant to IDAC investigations, being the basis for initiating investigations.
“The section 27 is the intake document. According to me, the section 27 referrals are not disclosed unless they are requested by the accused. Now, when I went to Parliament, we had not disclosed this document at all to the accused. We have not disclosed section 27s, the referrals, to the Defence because it is the basis on which we initiate our investigations.”
There was a lack of follow-up on alibis which allowed the defence to obtain statements and present them to the Director of Public Prosecutions (DPP).
“lack of follow-up upon alibis thus allowing defence to obtain statements and providing such to the DPP”
Statements from these police officers were submitted to the Defence for the second time as part of representations to remove the case from the court roll.
“No, they came as a bundle, Commissioner.”
Lack of follow-up on alibis allowed the defence to obtain statements and make representations to the DPP.
“Lack of follow-up upon alibis, thus allowing the defence to obtain statements and providing such in their representations to DPP.”