In the statement made to the police no m...

Asked by JOHAN on 13-02-2024 16:36:23
Question posted in the General Law category relating to Western Cape

In the statement made to the police no mention was made of a video.

The magistrate say the file is ready to hear the case and no mention was made of a video.  Can a video be brought into the case afterwards?

Message from the Lawyer

Posted by Att. Patrick on 13-02-2024 16:56:27

Yes, it can. The reason being is that the video constitutes evidence of whatever happened, and the prosecutor is entitled to use that evidence in a case against you. The prosecutor WILL however be required to share a copy of the video with you, BEFORE the matter is declared trial ready. So, you should be entitled to a copy of the video at the same time that you get a copy of the docket. In other words, you are entitled to a copy of ALL of the evidence that will be used against you, at the time of requesting a copy of the docket. If the prosecutor doesn't want to use the video, he/she doesn't need to. However, you will be entitled to subpoena a copy of the video from the person who recorded it. 

Message from the client

The prosecutor already declare it trail ready but no evidence of a video.

Message from the Lawyer

Posted by Att. Patrick on 13-02-2024 17:03:57

Then maybe the prosecutor won't be using it. What he can't do is to use it (by surprise) right at the end. That would prejudice your rights. You need to know NOW, before it goes to trial, what evidence they intend using. 

Answer Accepted

This answer was accepted on 13-02-2024 17:06:49

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