The appellants, together with a third accused, all policemen, were convicted in the High Court of rape and kidnapping of a 21-year-old complainant and sentenced to life imprisonment and ten years’ imprisonment respectively. After the State closed its case, the defence applied in terms of s 186 of the Criminal Procedure Act 51 of 1977 for the court to subpoena a witness, Stanley van der Westhuizen, who had spent the evening with the complainant prior to the incident and had made a police statement suggesting that she had consumed alcohol. The State chose not to call him and made him available to the defence. The trial court refused the application, holding that his evidence was not essential to a just decision at that stage. The defence later failed to secure his attendance and closed its case. A special entry was made alleging that the refusal or failure to call the witness was irregular or unlawful. On appeal, the appellants contended that the trial court breached its duty under s 186 by not calling the witness, whose evidence, they argued, was essential to assessing the complainant’s credibility and the issue of consent.