Blood-test ruling could lead to appeals

2012-09-26 12:00
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(Picture: Shutterstock )

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Johannesburg - A landmark ruling by the Western Cape High Court that the State had not "properly proved" the blood test results in a drunk driving case, could open doors for appeals, according to a report on Wednesday.

The Star reported that the court ruling was on the basis that the State had not followed proper procedures in terms of the Criminal Procedure Act because it had presented a court with a certificate bearing an accused's blood test results.

Judge Lee Bozalek found that a section of the act did not allow for a certificate to be accepted as sufficient proof of the calibration or accuracy of any measuring instruments used to carry out blood tests.

It had to be done either with an affidavit from the forensic analyst who did the tests, or by way of verbal testimony in court.

The National Prosecuting Authority acknowledged that it would have to amend its procedures to meet the requirements of the judgment.

Read more on:    cape town  |  transport

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