On 23 February 2023, BDK Attorneys Director, Johan Eksteen (representing Accused 2) and Advocate Christo Meiring on brief by BDK Attorneys (representing Accused 1) were successful in the discharge of both accused in terms of Section 174 of the Criminal Procedure Act.
The State alleged that our clients were guilty of a spate of charges related to a supposed taxi violence incident, including charges of robbery with aggravating circumstances, murder, attempted murder and the unlawful possession of a firearm and ammunition.
The State relied on circumstantial evidence with a view of linking our clients to the various offences. They, however, fell short dismally in the presentation of the State’s case.
The State called fourteen witnesses, however, BDK Attorneys argued that the allegations contained in the indictment were not supported by the evidence presented on behalf of the State; the ballistic/forensic evidence did not support or corroborate the evidence regarding our clients’ alleged involvement; and that the credibility of the State witnesses, in particular the police officers, were of such poor quality that no reliance can be placed thereon.
BDK Attorneys is at the forefront of upholding the rule of law, and in this matter especially the well-known precedent that the State bears the onus to prove the guilt of an accused beyond reasonable doubt and that the accused bears no onus to prove his innocence.
Having regard to the various unsatisfactory aspects in the State’s case, the High Court, Gauteng Division, Johannesburg discharged both accused and the extremely prolonged matter against them has now come to a victorious end.
At BDK Attorneys, we are proud to remain the leading experts in criminal law and to represent our clients with the utmost determination.
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