Perhaps my question was a bit ambiguous - excuse me
It's also my opinion that the trial shouldn't start before prosecutors have all the necessary evidence because it's important for their accusation they are fully prepared.
But there is one point that worries me -
section 35, 3d of South African Bill of Rights says:
I agree with you - it's OP who is deliberately holding things up by withholding vital evidence, but regarding
section 35, 3j he can not be compelled to give self-incriminating evidence.
So, what is if the defence refers to the fact that
-
in March state prosecutor Gerrie Nel told the court that he plans to serve OP with an indictment
on June 4.
-
on June 4. the National Prosecuting Authority said it expected to prepare an indictment
for his next appearance (19. August)
- but on 19. August prosecutors still not be able to serve OP with an indictment because they still haven't all the necessary evidence?
I'm afraid the defence could claim prosecutors delay the beginning of the trial unreasonable, and they could bring forward a motion that the judge should set a date for the trial begin.
That would be a great disadvantage for the prosecution, but an advantage for the defence, who have been working since the beginning to shake the burden of proof for the prosecution.
So, let us hope this time the judge will give prosecutors the time they need so that the indictment and evidence be on sure ground - no matter how long it takes.