Schoombee and Another v The State

The applicants were convicted of murder in the North West High Court in 2007 and sentenced to life imprisonment. When they sought to appeal, the original trial record was discovered to be lost. The trial judge reconstructed the record unilaterally from his trial notes. The applicants, after initial attempts to challenge and participate in reconstruction, proceeded with their appeal on the basis of this reconstructed record. Their appeals to the Full Court and applications for further leave were dismissed. Before the Constitutional Court, they contended that the reconstructed record was inadequate and that the reconstruction process violated their constitutional right to a fair trial, rendering their appeal unfair.

The application for leave to appeal was dismissed.

The case clarifies that the loss of a trial record does not automatically invalidate convictions or sentences. It affirms that an imperfect or reconstructed record may still satisfy constitutional fair trial requirements if it is adequate for meaningful appellate review. The judgment reinforces the shared responsibility of the State and accused to reconstruct records and underscores a pragmatic approach to assessing prejudice in fair trial claims.