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declaring that the privilege which existed in respect of the contents of police dockets immediately prior to the commencement of the
Constitution was not repealed or amended by section 23, but that the accused was entitled before trial only to copies of all medical, hospital and autopsy reports;
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The court thus ordered that the respondents furnish the applicant with witness statements, and all exhibits, plans and diagrams in the police docket, if any, and give the applicant access to the remaining information in the docket.
148:, the state had a discretion to withhold information which would ordinarily be disclosed, the South African Constitution's inclusion of section 23 meant that there was a protected right to information.
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The court held that the practices of the past whereby the State retained tight control of almost all available information relevant to a criminal prosecution was inconsistent with modern values of
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Thus the court held that section 23 gave an accused the right to access to the information contained in the police docket for the exercise and protection of his right to a fair criminal trial.
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which recognised various privileges from having to disclose certain information to the other side as being paramount to its proper operation. This included the docket privilege of
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Phato v
Attorney-General, Eastern Cape and Another; Commissioner of the South African Police Services v Attorney-General, Eastern Cape and Others 1995 (1)
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The
Commissioner argued that the State was only required to furnish an accused with such information as he required, in the narrow sense, to exercise his
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Phato v
Attorney-General, Eastern Cape & Another; Commissioner of the South African Police Services v Attorney-General, Eastern Cape & Others
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summaries of other expert evidence to be tendered by the State; and copies of all documents relating to identification parades.
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Phato v
Attorney-General, Eastern Cape; Commissioner of the South African Police Services v Attorney-General, Eastern Cape
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of witness statements on grounds of privilege, and that this privilege included
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by virtue of the provisions of section 23 and section 25(3) of the
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