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Judge Nathan Erasmus: Section 204 of the Criminal Procedure Act must be applied carefully to prevent abuse by criminals

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Lourentia Lombaard

Western Cape High Court Judge Nathan Erasmus has cautioned that section 204 of the Criminal Procedure Act, which allows witnesses to avoid prosecution in exchange for truthful testimony, must be applied carefully to prevent abuse by criminals.

Delivering judgment in the Joshlin Smith matter on Wednesday, Erasmus warned that the provision should not become a tool for offenders to escape accountability, but rather a means to serve justice.

Judge Nathan Erasmus

Judge Nathan Erasmus

“It should not be used as a tool for people that commit criminal conduct to hide behind. Hence, the decision for the prosecution to use this tool and request the court to apply it must be considered carefully.”

State witness Lourentia Lombaard was granted immunity from prosecution on Tuesday after Erasmus ruled that her testimony played a key role in securing a conviction for her co-accused in the matter.

Lourentia Lombaard

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