Top court sets aside doctor's culpable homicide conviction, but he's not off the hook yet

The Constitutional Court has set aside the conviction and sentence of a doctor who had been found guilty of culpable homicide after finding the trial court committed irregularities when finding him guilty.The Constitutional Court on Tuesday set aside the conviction and sentence of a Witbank obstetrician and gynaecologist who had been found guilty of culpable homicide and sentenced to five years in jail.

Van der Walt unsuccessfully appealed to the high court sitting at Mbombela, and the Supreme Court of Appeal refused special leave to appeal. He said in addition to relying on an expert witness, the magistrate conducted her own research and, in reaching her decision, relied on medical textbooks not referred to in testimony.

“The right to challenge evidence requires that the accused must know what evidence is properly before the court. In the applicant’s case, the medical literature relied upon was never adduced at all. This goes to the heart of a fair trial.”

Source: Law Daily Report (lawdailyreport.net)

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