Michael Felthun v The State

The appellant, Michael Felthun, and a co-accused, Agnew, were convicted in the Cape Provincial Division of murder, with the appellant also convicted of theft, and sentenced to an effective 16 years’ imprisonment. The deceased, Denis Marock, was killed on 4 October 1994 in the warehouse of Bi-Lo Wholesalers. There was no direct evidence of the killing. The State’s case was that the murder was carried out by hired killers at the instigation of the appellant and Agnew. After both the State and defence had closed their cases, but before argument, the State applied to reopen its case to lead evidence from a pharmacist, Albert, concerning the time the deceased visited a pharmacy on the day of his death. This evidence conflicted with other testimony about the deceased’s whereabouts. Despite defence objections, the trial court allowed the reopening. A special entry was made to determine whether this ruling constituted an irregularity under sections 317 and 318 of the Criminal Procedure Act 51 of 1977.

The appeal based on the special entry was dismissed.

The case affirms and clarifies the discretionary power of South African trial courts to allow the reopening of a party’s case, including the State’s case in criminal proceedings. It confirms that no inflexible rule limits this discretion and that the decisive question on appeal is whether any alleged irregularity caused a failure of justice. The judgment reinforces fairness, flexibility, and substance over rigid procedural formalism in criminal trials.