In criminal trials, missing police registers (such as SAP-10 occurrence books) can cause significant delays as defense lawyers seek to access detention records to verify suspect conditions and identify who received the suspect upon arrival, highlighting the importance of proper documentation in police procedures.
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BREAKING NEWS | SENZO MEYIWA MURDER TRIAL DELAYED AGAIN IN COURTHinzugefügt:
As the court pleases my lord, we confirm our confirm our appearance on behalf of the state.
As the court pleases, my lord, I confirm my appearance on behalf of Mr. Immed.
And uh I'm still sending in for my colleague advocate in respect of accusator we are waiting for the witness they're calling in outside. May I also approach number two at the same time.
Heat. Heat.
Heat. Heat.
Before Mr. proceeds with the witness. My lord, the state wants to place the following on record.
>> The state of the state >> is intended to place the following on record that we did provide the defense with the original SAP 10 as well as SAP 14.
>> SAP 10 and 14.
>> Yes, my lord. Except for the SAP 10 which is the occurrence book for the payroll that starts from the 2nd of July 2020 my lord we are still searching for that um SAP 10 register my 2020 furthermore my lord we have provided a defense with affidavit from pura not regarding the SAP 13 as well as SAP 22 from Pura North.
Yes, you confirm that as the court please my confirm that this registers that you are talking about were we perished them yesterday afternoon the original register book from Valeria for other periods because they are not for one period the one that we were looking for uh yesterday and I said Maybe that one is up in the air. He's still in the air, my lord. He's not here. They say a search for such has been conducted. And over and above, my lord, may I just say, I also asked Captain Trainy from Valyria SAPS uh whom we also intend to call as a witness to go and look for such my lord.
Uh he says after careful search and endeavor uh from the cler who deals with uh thought dockets and thought registers were not. Uh the long and short of it is that all of those registers inclusive of the one that we are looking for were were booked out by Kenel Bri. It surprises me why her feet are heavy to come to court and explain amongst the registers that she took what happened to this solitary one that is missing.
>> But did you speak to him or her? uh they were talking to to to to to through the state man because we were finished with a list of uh of of of registers that apparently she removed uh and and then they were in the possession of the state and the state says that one for the seventh particularly that we are looking for was never removed but according to captain man train all of the registers they are sequential in dates.
So inclusive of that according to him not according to what h canal wrote inclusive of the one that we want it says all of that from the information from the uh registered l they were removed by canal break we can go up and down about that but the fact of the matter is that it's not here with the state it's not at the station where it's supposed to be.
>> Yeah. So what what do you intend doing?
>> I I see that wants to respond to >> Yeah, as a court um we don't want to be embroiled embroiled in issues that that don't affect her. Um we provided the defense with a list of the um registers that she collected and the one for the 2nd of July um 2020 up to about the 25th of July is not part of the registers that she um had collected. The registers that she had collected are all accounted for. We gave them to the defense. um they've uh um they've produced them and we can mention that there's a SAP 14 the custody register for the period the um 2nd of July 2020 up to the 25th of July that register is available now we've provided it to the defense so it's only the um the parents book for that period and um as to um is there for just for that um single um SAP 10 the occurrence for but it doesn't form and we want to emphasize this >> so Mrs. Brute is not involved in the >> No m it doesn't form part of the registers that >> which are supposed to have been taken by Brute.
>> Yes. Yes. And and those registers were collected at our request model because we wanted to peruse them and um it's not like um she went there out of her own account to collect them. It was at our request when we were busy with the process relation to as registers.
as the courtes uh I note what my len colleague is saying and like I say captain says the one thing the letter from Mrs. Canel road says the other thing. Let me quickly address the issue of the cell register. Mal malak we heard from the witness yesterday. The cell register on its own does not assist us. The cell register is written in the OB. It's referenced in the occurrence book. The SAP22 is referenced in the occurrence book. The property register SAP 13 is referenced in the occurrence book. The occurrence book is the Bible of the police station so to say. So the cell register not being mentioned as if it's going to be of help. It may be of some help but on its own it's nothing.
Nonetheless, my lord, let me address the second issue. We are now handed a so-called affidavit from Ptoria North about whatever it's written there.
I've never requested the state to do this thing. The state cannot go and investigate during a defense case. If we request them, we will appreciate it.
Man, we've never requested them to go and find whoever deposed to this affidavit and the contents thereof. So, for now, this I I'll keep it here in Aayance where it belongs. Now for the purposes of today uh uh I'm going to try to make some sort of progress but reference to that OB that is missing is pivotal for my interaction with this witness that is here today sorry the so how will it help you if it's not here you say it's pivotal it is my and it's missing So how do you not according to me it is missing not according to according to the state and the state the prosecutor and the officers from Ramip never said it's missing >> so where it is where is it not because you are saying it is not missing >> I'm saying it's not missing I'm saying I want to use it it's not here where is said >> the court is asking the wrong person.
>> Okay. They say I'm asking the wrong person.
>> Where is >> Yes.
>> What Mr. Ramir is looking for?
>> As as we've indicated that the search is still underway for for um that that register. Um when accuse number one um was under um proination, there were extracts of the occurrence book from Valeria police station that were um handed in for the period 30 May to um early June and we're just trying to establish uh to 8 June um 31 May to 8th June.
>> 8th June.
>> Yes.
>> Okay.
>> Uh we're just trying to establish if it doesn't form part of um that um that that month. And secondly, my lord, we just want to uh 31 May 2020 to 8 June 2020.
And secondly, Malot, we just want to correct the um and we say this with the greatest respect to Mr. believe that the SAP 14 is not helpful.
Um it is helpful. There's a column where it shows whether any um exhibits were handed in the SAP 13 column. There's also a column for the SAP 22. So one can see if any uh property has been handed up. So it's not correct and it's not helpful.
1420.
July 2020.
told a lot SAP2 SAP2.
Yeah. Can you start number two is raising his hand, my lord?
>> Yes.
But maybe this issue is not only about the registers themselves.
It's also about the information that is contained in the register because amongst others there's a there's a there's a it is not so clear as to who received Mr. Nanzi when he arrived there at Feria.
So without that register it's cumbersome to determine who is the person that should actually be identified as a recip at atria and that is the person who should actually account to a lot of issues that I think Mr. bill is still having and probably some of us as a defense are still having money. Unless the state is in a position to say this is the person who received him there to a greater extent that will minimize all that which is happening here and that information can only be contained in the register.
So it's it's not entire entirely accurate to suggest that other registers are helpful in respect of what the state has just indicated because we also want the identity of that person who received him as per the evidence of colon here that there's a person who he's been handed to and that person takes him into custody. So we don't know who that person is. That is also regist without those registers.
We we we we we just fly to nowhere.
It's every So, so you guys are not able to make hair or tail of that. In other words, >> we we are not doing books tonight. Those people are let me tell you let me let me tell you what you you guys should do.
Go and get the registers of Valaria, right? Valaria and go and get the pay slips of the persons in Valaria.
He will determine who was paid what on what day and who was employed at what.
Are you with me?
>> Just just do that. So simple.
Jesus.
So what do you want to do as it pleases the court? My lord, my lord, maybe if I may assist in that respect. There's also what is called an SAPS 15 >> and SAPS 15 will tell us >> who was working on that day on that shift who received uh the the the suspects not >> right. So if that can be also tried to be assetated whether it can be obtained that will assess greatly malot but >> yeah but how do you want to go about it now >> malot the the the the arm of the state is here I see they can run around and try via is 10 minutes away man but the importance of the ob my lord over and above what advocate says as the kel testified yesterday amongst the things that must be noted when a suspect is received. It's not only the property or whatever Mr. Balu was saying it can assist us with regarding to SAP 13 and his property. It's about his condition.
Was he in a good condition? Was he assaulted? Was he fine? And what did the person that received him say in that respect in the OB itself?
SAP 15 I'm a Yeah, but we know, look, you know what?
I was listening to the evidence. We know for instance, the lady there And I'm not I'm not saying you must give that evidence. Didn't you bring Mr. Nanzi at Valaria?
>> My lord, uh he was detained at his val but not by who? By by Sergeant, >> right? There's somebody who brought him there.
>> That's right.
>> So we know him. So what is the problem?
Sergeant Ma is not >> mi the gentleman. The big gentleman.
>> Yes.
I think number two is raising up his hand. My lord, so what do we how do you guys intend doing it? Because you must tell me what you want to do.
might not be having a discussion with the state would probably request just I think we're not far from each other we we we >> yeah because even even the the register of the cells it's there and Mr. Tanzi is the first time he came to that police station.
Is that not so?
>> Yes. So I mean it's so simple this thing.
>> So you go to the register of the sales you go and then the guys who signed the registers >> authorizing that Rata was not assaulted.
They are there >> and we know the date Mr. Nani came there. It was the 16th or whatever.
Thank you.
>> So, so how do we go about this Mr. >> Well, firstly, the the the uh the issue that is currently debate being debated relates to the 2nd of July 2020 not the day when he was fine. remember he's been through two different police station Ptoria North >> Ptoria M and this was the third police station >> on the on on on on the 2nd of July 2020.
>> Um and yeah, my colleagues say um it is important to them to say he's been through two different police stations. Um but yeah we we we we um you know we can't take it further yet. Okay. So do we agend or you let me know July 2020.
So, what's the report?
This is my I think the suggestion of advocate is that we engage with the state and then we let the honorable court all right this is
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