Inadmissible Evidence

Question 1

General Principles

Answer 1

• the golden rule is that irrelevant evidence is inadmissible and may be unreliable and prejudice the chance of a fair trial.
• this includes Character, hearsay, opinion, privileged and evidence unconstitutionally obtained.

Question 2

1. Character Evidence

Answer 2

• indicate a tendency to act in a certain way.
• the content of the evidence should be restricted to the accused’s reputation and not the opinion of the witness.
• usually the defense will raise bad evidence after good character evidence is said.
• character evidence is usually inadmissible as it is irrelevant to the facts of the case, however there are times when it may be allowed:
  1. Character of Complainant
  2. Similar Facts
  3. Defamation

Question 3

1.1 Character of Complainant

Answer 3

• except for evidence about sexual experience or conduct of the offence being tried, no evidence about previous sexual conduct is admissible.
• the exception lies in s227 of the CPA { the rape shield } which allows for it to be admissible if it is relevant, if the prosecution has added evidence and if the court allows the application by one of the parties.

Question 4

1.2 Similar Facts

Answer 4

• evidence may also be admissible if there is a strong, logical and relevant link between the facts of the case and the past conduct of the accused.

Question 5

1.3 Defamation

Answer 5

• when a defendant alleges that his statements are true, he may call witnesses to support this evidence.

Question 6

2. Hearsay

Answer 6

• evidence which the witness has not personally observed.
• s3(1) of the Law of Evidence Amendment Act allows for it to be admissible if: It is in the interest of justice, if both parties consent to hearsay evidence and if the party where the credibility is placed on, testifies themselves.

Question 7

3. Opinion Evidence

Answer 7

• a witness’s opinion of the facts of the case is inadmissible as that is the task of the court.
• there are special exceptions such as ‘expert evidence’

Question 8

4. Privilege

Answer 8

• a witness raises a ‘privilege’ as a reason for not answering a question.
• the witness is not obliged to answer questions or supply information
• there is private and public privilege.

Question 9

4.1 Private Privilege

Answer 9

1. Legal Professionals
   - concerns private interest between a lawyer and their client.
   - communications between them are private and may not be disclosed without the clients consent.
   - communications between a medical practitioner and their client may be disclosed.
2. Marital Privilege
   - communications between spouse is private.
   - in some cases, spouses may be forced to testify against their spouses if one commits a crime.
3. Self incrimination
   - a witness is not compelled to answer a question where in the answer, will implicate them in the crime.
   - s35(5) protects witnesses from self incrimination

Question 10

4.2 Public Privilege

Answer 10

• purpose is to protect public interest.

- the state is not obliged to give information on state security and international relations.

Question 11

5. Evidence unconstitutionally obtained

Answer 11

• in some cases, the evidence violated the persons constitutional right .
• s35(5) of the Constitution allows for presiding officers to use discretion in not submitting evidence if: it will lead to an unfair trial and it will be detrimental to the administration of justice.