Daubermann argued that there must be specific detail provided to the defence to allow the accused to answer to the charges‚ including addresses and not merely towns or countries where alleged offences took place. An example used by Daubermann included a charge of rape which allegedly took place in Israel.
“The onus is on the state to put up a proper charge sheet‚ which it does not‚” Daubermann said.
State prosecutor Nceba Ntelwa told Judge Mandela Makaula that it was not the state’s obligation to provide its evidence to the defence.
Ntelwa said the charge sheet contained the periods during which the alleged offences took place as well as the vicinity.
Ntelwa argued that most of the offences took place over a period of time and the complainants‚ whose ages vary‚ with the youngest being 13‚ could not recall specific dates for this reason.
“A charge sheet cannot be defective because of the lack of particulars … the indictment mentions the town‚” Ntelwa said.