Sherbert
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- Jun 10, 2014
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...but it's not sufficient to just submit a photograph in evidence without explanation. The judge isn't an investigator or detective by any stretch of the imagination and will not speculate or draw conclusions on what the photograph may or may not be depicting. It was really quite lame for Nel to just submit photographs without any explanation or interpretation as to their meaning or relevance. In essence, he was basically saying 'here are a couple of photographs. Neither SAPS, myself nor any of my legal team are prepared to suggest what they may mean because we don't really know.' If they don't know how on earth do they expect the judge or her assessors to know?
If Masipa gave the photos more than a passing glance I'd be extremely surprised.
I think you are correct about this.