MAGISTRATE BRASH, ABRASIVE AND OVERBEARING

S v MTHETHWA 2015 (1) SACR 609 (GP)

Trial — Presiding officer — Conduct of — Manner of addressing complainant — Magistrate brash, abrasive and overbearing towards child witness, complainant in rape case — Imperative that judicial officers, presiding in matters where sexual violation alleged, should exhibit necessary patience, empathy and sensitivity when dealing with victims.
Trial — Presiding officer — Conduct of — Discussion with witness ‘off the record’ — Everything mentioned in court concerning case should be on record for all concerned to understand and follow.

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