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Sunday, 6 October, 2024
HomeMedico-LegalLife Esidimeni inquest: Judge rules on court’s right to steer proceedings

Life Esidimeni inquest: Judge rules on court’s right to steer proceedings

In the ongoing Life Esidimeni inquest to determine who should be held criminally responsible for the deaths of at least 144 mental patients transferred to unsuitable NGOs in 2016, Judge Monoa Teffo has ruled that it remains the court’s duty to steer the proceedings in the right direction.

SABC News reports the judge as saying counsel was empowered by law to pose questions to the witness while at the same time, the judge may intervene when necessary.

The ruling follows a submission by the legal representative of former Gauteng Head of Health Department Dr Makgabo Manamela, who questioned the judge’s intervention in the proceedings during the cross-examination of a witness. They argued that it was not fair to their client.

“If counsel, who is allowed to cross-examine, raises questions which will not take the matter any further, the court is entitled to stop that line of questioning by reason that it is irrelevant. In fact, the court doesn’t prefer interjecting cross-examination by any counsel, only when it is clear to this court that the question or questions are irrelevant, then the court will step in.”

On Monday (31 January), former deputy DG for Mental Health Services in Gauteng Hannah Jacobus testified that selected non-governmental organisations (NGOs) and new ones were not ready to accommodate patients and had to re-apply for their licences. Jacobus was responsible for overseeing NGO operations during the transfer of patients from Life Esidimeni facilities.

 

SABC News article – Life Esidimeni’s Judge Teffo rules that a judge is empowered to pose questions to witnesses (Open access)

 

See more from MedicalBrief archives:

 

No inspections or process followed, says ex-Life Esidimeni official

 

Inquest roundup: Life Esidimeni leader wanted to stop patient transfers

 

Buck-passing at Life Esidimeni inquest

 

 

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