Synopsis:
Application for leave to appeal against decision of the Supreme Court of Appeal. The applicant complained that his conviction on one count of murder in the Durban High Court had been vitiated by irregularities in his trial proceedings, and his right to a fair trial in terms of s 35(3) had been breached. Van der Westhuizen J, in a unanimous judgment, found that while the applicant's trial had indeed been irregular, these irregularities did not result in an unfair trial. The application for leave to appeal was allowed and the appeal dismissed. Van der Westhuizen J warned that limited resources must not be allowed to compromise constitutional rights to fair trial.
