Tuesday, 28 May 2013
Bloodnose for the National Prosecuting Authority
Tuesday, 21 May 2013
Accused/suspects: not enough evidence
Thursday, 16 May 2013
Wednesday, 15 May 2013
Go, visit a court and sit, listen and observe - any court.
Have you ever sat in a
court to listen and to see what is going on there? If not, why not? Or do you
do as so many others do? Watch the dramatic stuff on TV? I am not referring to
movies – I am referring to real murder trials such as the one about the murder
of Eugene Terre’blanché.
I strongly recommend
that you should visit a court soon.
Just the other day a
person said to me that he often wondered whether he would be allowed to go in
and just sit and listen. It is open to the public – except when it is held in camera for instance when a minor is
on trial.
My mom visited a court
the first time in her life when I was a state prosecutor – well, that takes me
back many years. She said to me when she came out: “Boet, dit is mos maar
lawaaierig daarbinne.” She was so taken aback when people kept coming in and
going out. Her concept of the procedures inside there changed drastically.
Just go, enter the
courtroom and sit and observe. And then tell me.
Tuesday, 14 May 2013
“Beware what you write on social and/or business websites such as Linked-In.”
If you write and post things on
the ever present social or business websites it might come back at you to bite
you. Caveat subscriptor – beware you
signed something; or nowadays I shall rephrase tha to mean: “beware what you
write on social and/or business websites such as Linked-In.”
What was however very interesting in this matter is the role Haynes’ profile he created in Linked-In played in this matter. Haynes dug his own hole and was kept there by the court. “One only has to have regard to his Curriculum Vitae which appears in his Linked-In profile to conclude that first respondent was a senior employee who was steeped in the business of the applicant and was privy to and possessed of its confidential information and customer connections.”
This case is about old friends
that I have discussed earlier on – the one’s name “restraint of trade” and the
other is “confidentiality agreements.” I venture to say that most high flyer
businessmen are acutely aware of these these two friends. Well – I am not going
to repeat the terms and conditions of these friends suffice it to state that
they vary slightly in each agreement, but in essence are of the same calibre.
And the strange phenomenon is
that the is a marked resemblance in the defences put up by guys who are
defending their breaches. In the instant matter the learned judge had this to
say about the defence of Haynes: “In my view this attempt by the first
respondent to bolster his case was both reckless and opportunistic, and
demonstrates a mendacity on his part which validly heightens the applicant’s
concerns and its need for the relief sought in this matter.” And if you have
regard to the meaning of the word “mendacity” you will notice that the judge
was not overtly impressed with the honesty of Haynes. Mendacity means the act
of not telling the truth. Eish!
Now can you guess the outcome of
this matter? Yes – he lost it and the
court granted an interdict against the respondents for breaching the restraint
and confidentiality.
What was however very interesting in this matter is the role Haynes’ profile he created in Linked-In played in this matter. Haynes dug his own hole and was kept there by the court. “One only has to have regard to his Curriculum Vitae which appears in his Linked-In profile to conclude that first respondent was a senior employee who was steeped in the business of the applicant and was privy to and possessed of its confidential information and customer connections.”
See: Experian South Africa (Pty) Ltd v Haynes and Another (48711/2011) [2012] ZAGPJHC 105 (18 May 2012)
Sunday, 5 May 2013
Assistance to victims of crime
When you are a victim of a criminal act, you are at the mercy of the criminal system and how it is applied by law enforcement officials, be it the SAPS and/or prosecutors and the like. Be extremely careful what these officials will tell you and they will tell you a lot of stories. One story is that you don't need a lawyer to assist you - they will do that!
It is not the whole truth; only partially truthful. Of course you may sail it solo - at your peril. And there are thousands who do exactly that - they go it alone, unassisted and without any knowledge of what to expect.
It is not the whole truth; only partially truthful. Of course you may sail it solo - at your peril. And there are thousands who do exactly that - they go it alone, unassisted and without any knowledge of what to expect.
I strongly advise that you get to a lawyer sooner rather than later; and that better be a lawyer who knows criminal law and how it functions.
Why do I say that? Of course it will cost you money - we don't work for free. I say it because you will get advice on what to expect and what might happen.
For most people it is their first brush with criminal law and its strange procedures and that is daunting if not outright frightening. You are stressed out of your mind already and on top of it, it appears as if everything in life is now and forever against you.
Get it over and done with and consult your own lawyer - he should be able to guide you through the processes.
There might be identification parades, physical examinations and bail applications. In the unfortunate situation where someone was raped, the victim is prone to physical examinations to enable the medical practitioner to assemble a rape kit. If there was a burglary, even you and your family's fingerprints will have to be taken. Murder is something else - extremely traumatic and cumbersome.
Are all of these things necessary? Yes - that's how criminal matters are being investigated. And you are involved in it – I recommend that you get some advice to enable you to cope with the unknown.
Don't ever consult the lawyer who is acting on behalf of the suspect/accused!! That is so obvious, isn't it? Or is it?
My experience dictates that people who are knowledgeable are better equipped to deal with the situation and the things that might or might not happen in their matters.
I urge you to take this advice seriously and consult soonest.
If you want to consult me, we can arrange a Skype consultation; my Skype address is: neels.coertse; my e-mail address: neelscoertse@wirelessza.co.zaOffice number: 011-463-4049.
Subscribe to:
Posts (Atom)
