6 In that matter after considering the legislative history of section 3192 of

6 in that matter after considering the legislative

This preview shows page 5 - 6 out of 14 pages.

6 In that matter, after considering the legislative history of section 319(2) of the CPA, the court held that there is "nothing in this language to suggest that the State may only request the reservation of questions Page 7 of [2016] JOL 34806 (SCA) directed at the conviction or acquittal of the accused". 7 In the light of this, counsel for the accused accepted that the limitation upon the State's right to appeal on a point of law as prescribed in Seekoei could no longer be regarded as good law and that there could be no objection to the appeal proceeding in respect of the points of law reserved in the trial court, notwithstanding the conviction of the accused on the competent verdict of culpable homicide. This concession was correctly made. [10] In the light of this, I turn to the issues raised in the appeal. In order to do so it is necessary to paint the factual backdrop to the points of law debated before us. [11] The accused was born with deformed legs, the fibula on each side having been missing. Consequently, before his first birthday, both of his legs were surgically amputated below the knee and, since then, he has had to rely on prosthetics. Despite such a severe physical handicap, he made his way bravely into the world and, at school, although he described himself in evidence as having been "never really much of an academic", he participated in various sports. It was during the course of rehabilitation from a knee injury sustained playing rugby that, in early 2004, he started training with a biokineticist at the University of Pretoria who encouraged him to participate in a disabled athletics meeting. He did and the rest, as they say, is history. It is unnecessary to detail the accused's spectacular athletic career which followed. Suffice it to say that he was awarded a sports bursary by the University of Pretoria and competed at an international level in both disabled and able­bodied athletic events. He won numerous international medals, including gold medals at the Paralympics. Having persuaded the International Athletic Federation that he enjoyed no advantage by using prosthetic legs, the accused represented South Africa in both Page 8 of [2016] JOL 34806 (SCA) the Olympic and the Paralympic Games of 2012. His athletic achievements not only brought him international fame but also into contact with charities, and for his humanitarian work in the world of prosthetic and prosthetic developments he was awarded an honorary doctorate from the University of Strathclyde in Glasgow. [12] The accused met the deceased on 4 November 2012 when they were separately invited by a mutual friend to lunch at a motorcar track­day event. She agreed to accompany him to the South African Sports Awards function that evening. Romance quickly blossomed and they became intimate. As so often happens with romantic relationships, especially in their youthful stages, theirs was attended by petty conflict and tensions as evidenced by a transcript of text messages that had passed between them that was handed in as an exhibit at the trial. But despite these
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  • Fall '18
  • Trial court, SCA

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