17
[34] Ramseroop made his statement to the police immediately after the
metal box was discovered at his home following his torture. That his
subsequent testimony was given apparently voluntarily does not detract
from the fact that the information contained in that statement pertaining
to the Hilux and metal box was extracted through torture. It would have
been apparent to him when he testified that, having been warned in terms
of s 204 of the Act, any departure from his statement would have had
serious consequences for him. It is also apparent from his testimony that,
even four years after his torture, its fearsome and traumatic effects were
still with him. In my view, therefore, there is an inextricable link between
his torture and the nature of the evidence that was tendered in court. The
torture has stained the evidence irredeemably.
[35] It is important to point out this. Although the information regarding
the Corolla was probably also contained in Ramseroop’s statement, this
evidence was discovered independently – before any constitutional
violation.27 It was as Ramseroop testified, and Govender confirmed,
volunteered by the former. This evidence was therefore not obtained
improperly. And in argument before us there was no suggestion that it
was. This is so even though the statement containing the information
about the Corolla, in addition to information on the other counts, was
induced by torture. The Corolla evidence thus remained untainted.
[36] To admit Ramseroop’s testimony regarding the Hilux and metal
box would require us to shut our eyes to the manner in which the police
obtained this information from him. More seriously, it is tantamount to
involving the judicial process in ‘moral defilement’. This ‘would
compromise the integrity of the judicial process (and) dishonour the
27
Ramseroop’s statement is not part of the record.
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