Judge denies prosecution’s request in murder case
Written by Jada Loutoo on February 16, 2025
A High Court judge has precluded the prosecution in an ongoing criminal trial from relying on evidence from absent witnesses.
The court’s ruling brings into sharp focus application of the criminal proceeding rules in the trial process.
Since the trial is ongoing, the names of the accused will not be published to protect the integrity of the trial.
In her ruling, the judge sent a clear message about the need for a paradigm shift in criminal litigation culture, stressing that court orders must be respected and that active case management is key to maintaining public trust and confidence in the justice system.
“Public trust and confidence in the administration of justice is pivotal,” the concluded. “It is critical that the rule of law obtains and it is imperative that court orders are not flagrantly disregarded or treated with impunity without consequence.”
The judge also recognised that the charges against the accused before the court were grave since they had been remanded since 2009, and were entitled to fair and efficient justice.
“Certainly, they must not have their liberty and productive years sacrificed on the altar of inefficiency and disinterest,” the judge said in the ruling on the prosecution’s application for relief from sanctions.
The State’s application was made two days before the start of the trial in January, seeking permission to rely on previous submissions on the unavailability of key witnesses. A 2024 order had explicitly set consequences for this non-compliance, but the prosecution contended that the court lacked the statutory authority to issue “unless orders”—orders specifying automatic consequences for non-compliance—and argued that criminal case management should focus on ensuring trials proceed, rather than terminating matters.
However, the judge rejected the State’s arguments, clarifying that the court had not imposed a sanction but had specified a consequence for non-compliance in line with the criminal procedure rules, which require courts, parties, and participants to act justly, efficiently, and expeditiously.
The judge noted that the prosecution had ample opportunities to comply with multiple case management orders—spanning years—and failed to offer any good explanation for its continued non-compliance.
“This court did not impose a sanction. This court specified a consequence for non-compliance with its order, in keeping with the Criminal Procedure Rules.”
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