Le Grange v The State

The three appellants were tried in the Kimberley High Court for the murder of a 13-year-old boy, Biron Phetlo. The first appellant was convicted of murder and sentenced to 24 years’ imprisonment, while the second and third appellants were convicted as accessories after the fact and sentenced to effective terms of six and five years’ imprisonment respectively. The convictions arose from an incident in which the deceased was fatally stabbed with a sword cane during a confrontation outside a sports shop. During the trial, serious complaints were raised about the conduct of the presiding judge, including excessive and hostile questioning of witnesses and the accused, repeated interruptions and curtailment of defence counsel’s cross-examination, refusal to allow adequate consultation time with defence witnesses, and threats of contempt against counsel. An application for the judge’s recusal was refused. The appellants appealed against their convictions and sentences.

The appeal succeeded. All convictions and sentences were set aside. The matter was remitted for a retrial, with the proviso that the judge who presided over the original trial may not take part in the new proceedings.

The case is an important reaffirmation by the Supreme Court of Appeal of the constitutional right to a fair trial and the duty of judicial officers to remain impartial. It illustrates the limits of permissible judicial intervention in criminal trials and confirms that excessive interference, hostile questioning, and intimidation of counsel can render a trial invalid, regardless of the seriousness of the charges.