Murder accused Donovan Wolf came out victorious on Friday when the Gqeberha high court ruled that he be given copies of privileged documentation used by the state, in preparation for the trial.
Wolf brought the application claiming that failure to be granted access to certain sections of the police docket was tantamount to his rights to a fair trial being infringed upon.
Wolf’s lawyer, Peter Daubermann, successfully argued that the state had an obligation to furnish the defence with the police investigation diary and internal communications between the office of the deputy director of public prosecutions and the investigating officer in the matter.
This is after it came to light that state witnesses had allegedly contradicted themselves in statements given to police and that the conduct of the state and the police was questionable.
On Friday, judge Anvinash Govindjee found that the state had failed to prove there were sufficient grounds not to allow Wolf access to the documents after senior state advocate Marius Stander argued that Wolf had been supplied with enough relevant information to build his defence.
According to Govindjee, the matter was littered with unusual circumstances which raised questions about how the case has been handled so far.
It is understood the police’s investigations report and the internal communication between the police and DDPP advocate Indra Goberdan’s office may offer light on the alleged mishandling of the case.
In granting the application, Govindjee said other aspects including the possible involvement of the prosecutor who handled Wolf’s bail application, Vicky Rossouw could shed more light on the defence’s argument. .
This after it came to light that the state’s first witness, Lucretia Stuurman, worked closely with Rossouw at the Humansdorp magistrate’s court and that they pair were close friends.
Rossouw was criticised in her handling of the case by the deputy judge president for the Eastern Cape, judge David van Zyl, when Wolf approached the high court to appeal against his bail refusal.
Govindjee said Van Zyl’s findings and criticism were was “gnawing” at both Rossouw’s and the investigating officer, Captain Francis Scott’s, conduct in handling the matter.
Scott was replaced as the investigating officer shortly after Wolf’s February 2021 arrest.
Wolf is accused of the premeditated murder of fellow Wavecrest resident Clyde Stuurman, whom he shot dead in an open field near the R102 on February 10 2021.
At the time of his bail application and at the start of his trial earlier this month, Wolf claimed he had been acting in self-defence after Stuurman allegedly lunged at him with a knife.
A charge of defeating the ends of justice was withdrawn against Wolf.
The state had alleged two knives were placed at the scene shortly after the shooting to make it look as though Wolf was under threat.
Stander withdrew the charge after Daubermann brought an application for further particulars in relation to the defeating the ends of justice charge.
Govindjee ordered that the state furnish the defence with the requested documents within 10 days.
The trial has been postponed to May 6.
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