Abstract

The effectiveness of an investigation into any criminal offence is obviously vital because it determines the quality of the evidence available for the prosecution at trial. The way in which the investigation is conducted is also vital because mistakes can be made that affect the operation of the due process of law, the effect of which can be the refusal of the trial judge to admit certain evidence at the trial. It can also result in an appellate court overturning a conviction. The sensation caused by the latter to those involved in the prosecution must be akin to winning the World Cup to be informed 12 months later that a new referee has reviewed a video tape of the match and discovered a slight infringement of the offside rule by a player involved in setting up the winning goal. The cup must now be taken down from the trophy cabinet and handed over to the opposing team.

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