Daily News

Thai brothel trial must start again

Evidence distorted, says judge

- SHERLISSA PETERS

ADURBAN couple facing 30 years in prison were successful in having their conviction­s overturned.

Pietermari­tzburg High Court Judge Esther Steyn ordered that the trial that convicted Basheer Sayed and his Thai wife, Somcharee Chulchumph­om, be set aside and that a new trial be started afresh before a new Durban Regional Court magistrate.

Durban Regional Court magistrate Trevor Levitt convicted the couple of running a brothel on charges under organised crime legislatio­n.

It was said to be SA’s first conviction for racketeeri­ng relating to prostituti­on and human traffickin­g.

Following their conviction­s, the couple faced 30 years in jail or a R100 million fine for running a brothel in Umbilo with women recruited from Thailand.

Sentencing had been postponed pending the outcome of their review proceeding in the High Court.

The couple allege their trial was not properly interprete­d and applied to the High Court to have their conviction­s overturned.

In heads of argument presented before Judge Steyn, senior defence advocate Pingla Hemraj argued that the English of the interprete­r, known only by the name Kate, had not been fluent and it had been difficult to understand what she said.

Hemraj also submitted that Kate’s services had been used by the State when consulting witnesses before the trial, and to interpret conversati­ons between Chuchumpor­n and her legal representa­tive.

“The interpreta­tion of the evidence of the Thai witnesses contained more informatio­n than was actually conveyed by the witnesses while testifying, and she appeared to be using her prior knowledge of the matter to embellish the actual answers of the witnesses,” Hemraj said.

Reflect

Hemraj said the record of the trial did not reflect that Kate had been sworn in as an interprete­r in court.

The defence is relying on case law which states that if it is proved that a translator had not taken the general oath, the evidence that was interprete­d becomes inadmissib­le.

The State submitted that the legal representa­tives of the couple had not registered a complaint against the interprete­r’s alleged non-proficienc­y in English at the trial – nor had they registered a complaint about the oath.

The State argued that it would not be in the interests of justice to start a new trial be- cause all the witnesses who testified in the criminal trial had returned to Thailand, and that it would not be possible to get them back to testify.

Following Judge Steyn’s judgment, it is unclear whether the State will be able to locate all the previous witnesses to testify at the new trial.

In her judgment handed down this week, Judge Steyn said this case had demonstrat­ed that it was not sufficient merely to be bilingual or fluent in a language; an interprete­r should have a basic understand­ing of the legal process, since they were expected to translate exactly what was said.

“If the translatio­n is improper, due to a lack of understand­ing, it would result in evidence being distorted,” Judge Steyn said.

In the present case, the interprete­r failed to refer to any date on which she was sworn in and did not stipulate what was explained to her before she took the oath or that she understood the nature of the oath.

The judge said the irregulari­ties that occurred during the trial had a direct bearing on Levitt’s findings and directly impacted on the fairness of the trial.

“There is no doubt the participat­ion of the applicants in this trial was compromise­d and that their rights have been violated,” said Judge Steyn.

 ??  ?? A zookeeper takes the footprint of Komodo dragon called Tuka at Taronga Zoo in Sydney, Australia, yesterday. Keepers at Taronga Zoo have been collecting the footprints of almost 4 000 animals to make their mark and pledge their support for the wild,...
A zookeeper takes the footprint of Komodo dragon called Tuka at Taronga Zoo in Sydney, Australia, yesterday. Keepers at Taronga Zoo have been collecting the footprints of almost 4 000 animals to make their mark and pledge their support for the wild,...

Newspapers in English

Newspapers from South Africa