When changing the direction of the case, Advocate Hoeane explained that after lawyers on both sides made undertakings during last court sitting to file papers before court regarding a trial within a trial which the court was dealing with, he reconsidered whether it was indeed necessary for the court to have dealt with a trial within trial and said the already tabled issue of pointing out of body parts did not warrant a trial within trial.

Advocate Hoeane explained that trial within a trial arises when two situations take place, the first being that the accused has to make or say something that implicates them to the charge and also when they are called before the magistrate to make a confession. Advocate Hoeane indicated that no formal or informal statement made before police nor presented before court such that it could be used to carry out trial within trial.

He further suggested that as a way forward, the court should consider the evidence of over 10 witnesses who already testified in a trial within trial and determine whether they have made up a case after which the case should proceed to the next level. The court ordered that Advocate Hoeane file relevant papers concerning trial within trial after which the court will make its determination on which direction to take as a way forward. The accused were therefore ordered to re-appear before court on October 16, 2018.
Lena