18
administration of justice’.28 In the long term, the admission of tortureinduced evidence can only have a corrosive effect on the criminal justice
system. The public interest, in my view, demands its exclusion,
irrespective of whether such evidence has an impact on the fairness of the
trial.
[37] For all these reasons I consider Ramseroop’s evidence relating to
the Hilux and metal box to be inadmissible. Without this evidence the
remaining evidence that the State presented is insufficient to secure
convictions on count 2 (theft of the Hilux) and counts 4 and 5 (post office
robbery).
[38] What remains is only count 3 (theft of the Corolla). Turning to the
appropriate sentence: the appellant was sentenced to five years’
imprisonment. However, he spent 23 months in custody awaiting trial,
which must be taken into account in deciding on an appropriate sentence.
I consider four years on this count to be appropriate.
[39] What has happened in this case is most regrettable. The appellant,
who ought to have been convicted and appropriately punished for having
committed serious crimes, will escape the full consequences of his
criminal acts. The police officers who carried the responsibility of
investigating these crimes have not only failed to investigate the case
properly by not following elementary procedures relating to the conduct
of the identification parade, but have also, by torturing Ramseroop and
probably also Zamani Mhlongo and Sithembiso Ngcobo, themselves
committed crimes of a most egregious kind. They have treated the law
28
Per Lord Hoffman in A v Secretary of State for the Home Department (No.2) 2005 [UKHL] 71 para
87.
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