NPA files application to appeal against Nulane judgment, saying court 'erred'

That the judge erred by deviating so drastically from the parameters of the test for a discharge in terms of section 174 of the act that a miscarriage of justice occurred in that the accused against whom a prima facie case had been made were acquitted “without having been put to their defence”.

The judge erred by concluding in her judgment that the state failed to pass even the barest threshold and that an application for discharge cannot be refused in the hope that the accused people will incriminate themselves when they give evidence, thereby closing material defects in the state’s case.

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