IMPOSSIBILITY TO CONSTRUCT RECORD

S v MODISENYANE 2014 (2) SACR 453 (GP)

Trial — Record — Mechanical recording of record defective — Impossible to reconstruct — Matter sent on review and accused having probably already been released or due for parole — Impossible to tell whether unrepresented accused’s rights had been properly explained to him — No point in ordering retrial in circumstances — Proceedings set aside.

See Legal Notes 12-2014

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