Elsewhere in this judgment I have indicated with the benefit of recent decisions, such as, S v Nassar, S v Scholtz, S v Heinderich, S v Shabalala & Others, that the order refusing disclosure of Police witness statements to the defence was tantament to a denial of the right to a fair trial to an accused person. As a result there is no doubt that there has been a miscarriage of justice that negates the core of a fair trial. In the result the accused must be acquitted without investigating the merits.
Therefore the conviction must be set aside.
It is ordered accordingly.