I said Henri would probably not testify. No surprises there. I'm happy - this was never about accommodating his witnesses. He was stuffed the day Desai decided to allow his first statement into evidence and he's responding to the court system in the same way that he disposed of his family. The monster has a small child's brain.
IMO this is such a frustratingly slow case so I lost interest and am just lurking. In the meantime, I have been following two other cases - Holly Bobo and the Jason Corbett trial in the US. The HB trial has taken just two weeks starting at 8.30 or 9.30am and going until 5.30 or 6pm 5 days a week and half day on Saturdays. The jury is now deliberating so it should finish by this Saturday with sentencing to follow. The JC case has been over for some time yet this HvB case seems to be taking forever. IMO Botha wastes so much of the court's time plus Desai seems slow in making decisions. Will this trial ever end?
As an American attorney, and as I have said before, I am completely gobsmacked by all of the aspects of this trial (the delays!!! The two hour days and frequent random stops!! THE MONTHS LONG TRIAL BREAKS!!!)I don't blame anyone losing interest in this trial, it's an absolute mess! I used to feel reticent about bagging the SA court process but so many SAs in the video chat expressed the same disgust about how lax the court system is! The long delays for no apparent reason, extended lunches and late starts, the defence calls the shots with ridiculous excuses, HvB helping set up the speakers and projector in the first week?!!
The judge is exceptional compared to Masipa but he still lacks conviction, he can't make a ruling without delaying this trial further. Botha had a free run in the Dewani trial, the judge and Botha overruled everything like they were in cahoots, now Botha stringing the judge along because he knows the outcome will be unfavourable, so might as well make a load of cash while making a fool out of himself!! JMO
IMO this is such a frustratingly slow case so I lost interest and am just lurking. In the meantime, I have been following two other cases - Holly Bobo and the Jason Corbett trial in the US. The HB trial has taken just two weeks starting at 8.30 or 9.30am and going until 5.30 or 6pm 5 days a week and half day on Saturdays. The jury is now deliberating so it should finish by this Saturday with sentencing to follow. The JC case has been over for some time yet this HvB case seems to be taking forever. IMO Botha wastes so much of the court's time plus Desai seems slow in making decisions. Will this trial ever end?
Should Desai decide against HvB testifying after the witnesses or changing his mind later, here’s something else to support the State. While this case has nothing in common with this trial, the following comments in the judgment are very relevant.
Bogaards vs The State (Constitutional Court: Decided on: 28 September 2012)
The right to a fair trial
70. ...
“It is clear also that fairness is not a one-way street conferring an unlimited right on an accused to demand the most favourable possible treatment.”
Furthermore, in Jaipal, this Court referred to the need for —
“fairness to the public as represented by the State. It has to instil confidence in the criminal justice system with the public, including those close to the accused, as well as those distressed by the audacity and horror of crime.”
http://www.saflii.org/za/cases/ZACC/2012/23.html