In re Certified Question SD v bapple0775 2025 SDCR 39

In re Certified Question SD v bapple0775 [2025] SDCR 39

Date of judgment	17th December 2025
Judge(s)	Judge Hmquestionable Judge Ppatpat Judge Brandmal
Held	Testimony Excluded
Ruling	3-0
Applicable precedent	Both parties must be permitted to question a witness to preserve the right to a fair hearing.

VERDICT by Judge Hmquestionable

(with Judge Ppatpat and Judge Brandmal agreeing)

Question

[1] This is a certified question from a lower court in relation to the case SD v bapple0775 [2025] Crim 135:

“If a witness is no longer available, contactable or the testimony cannot be obtained (specifically mid-testimony), how should the trial proceed?”

Response

[2] The Constitution affords every person the right to a fair hearing. When only one party is able to question a witness, the hearing is no longer fair. The testimony should therefore be excluded.

Citations

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