1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he was
the driver of a motor vehicle which on 15 December 2023 was involved in a motor
vehicle collision with a pedestrian on Solomon Mahlangu drive, Mamelodi, Pretoria.
The state through the prosecutors, further ...
Answer the following questions using proper references. Your entire assignment
answer
(questions 1 (a)-(e)) must not exceed 15 pages.
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he was the
driver of a motor vehicle which on 15 December 2023 was involved in a motor vehicle
collision with a pedestrian on Solomon Mahlangu drive, Mamelodi, Pretoria. The state
through the prosecutors, further avers that, Mr. Z knocked down the pedestrian at a
pedestrian crossing, causing his death. Mr. Z is a well-known businessman running
successful business enterprises in the area and at the time of the accident he was driving
back home from a year-end function with his regular driver, John S as a passenger.
Mr. Z is represented by a prominent criminal law Attorney, Lucky Stanza known for his
aggressive and robust representation of his clients. Lucky Stanza attends a conference at
the prosecutor’s office however the investigating officer is not invited to the conference.
During the conference, Lucky Stanza makes misleading statements and disclosures
“without prejudice”.
(a) Discuss the rules of etiquette regarding the relationships between defence
attorneys, prosecutors and investigating officers. (7)
The rules are as follows:
- Conferences take place at the offices of prosecutors.
- Investigating officers must be present at such conferences/meetings to fulfil the role of
instructing attorneys; they must be treated with courtesy; ensure that the discussion is
off the record or without prejudice; they can be used as witnesses in the trial.
- Some disclosures cannot be made without prejudice so defence attorneys must be on
their guard.
- Care and caution must be exercised with regards to a plea and sentence agreement
and misleading statements should not be made.
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