Postby gavinwolff » Thu Jul 09, 2015 7:26 pm
Tried to attach word file but can't
Use the below
NOTICE NUMBER: 02/4024/004134380/8
In the matter between: G C WOLFF
The State
And
G C WOLFF , referred to hereafter as the Accused.
Request by the Accused for further particulars in terms of Section 87 of the Criminal Procedure Act 1977 (Act 51 of 1977) as amended read with Sections 2 and 6 of the Constitution of the Republic of South Africa (Act 108 of 1996) as amended.
In light of the above-mentioned Acts, the State is herewith requested to provide the Accused full insight into the Traffic Department Docket in the above matter and in addition hereto to provide to the Accused the information and documents in possession and/or under the control of the State as detailed hereunder:
1. All literature in regard to the apparatus used, including without limiting the generality of the foregoing:
1.1 All instruction manuals;
1.2 All technical specifications in regard to the manufacture, application, use, functioning and/or maintenance of the apparatus;
1.3 All testing and/or operating data and/or reports;
1.4 All information and/or assessments compiled in regard to any testing and/or assessment conducted in regard to the apparatus whether by the manufacturers, distributors, users, government and/or local and/or other statutory and/or regulatory bodies, independent persons and/or organisations, law enforcement bodies and/or agencies and/or consumer organisations.
2. Full and precise details of the service and maintenance and/or repair history of the specific apparatus used in determining the alleged offence by the vehicle alleged to have been driven by the Accused in the above matter, including:
2. 1. The registered/statutory and/or trading name and full contact details of the manufacturer and/or distributor and/ seller of the said apparatus;
2. 2. The make and model and serial number(s) of the said apparatus;
2. 3. When and where the said apparatus was purchased;
2. 4. Details of any guarantee and/or warranty applicable to the said apparatus;
2. 5. When and where the said apparatus was first commissioned;
2. 6. A full and detailed maintenance and/or repair and/or service history of the said apparatus including without limiting the generality of the foregoing, full and precise details of:
2.6.1 Each occasion on which service, maintenance and/or repair work has been conducted on the said apparatus;
2.6.2 When and where such maintenance and/or repair work was conducted;
2.6.3 By whom, on each occasion, such service, maintenance and/or repair work was conducted of the said apparatus;
2.6.4 The registered/statutory and/or trading name and full contact details of the persona and/or body and that of the applicable responsible official of the persona and/or body that on each occasion conducted such service, maintenance and/or repair work of the said apparatus;
2.6.5 Full and precise details of what service and maintenance and/or repair work was undertaken on each occasion;
2.6.6 How and by whom the said apparatus was calibrated after each occasion such service, maintenance and/or repair work of the said apparatus was undertaken;
2.6.7 The registered/statutory and/or trading name and full contact details of the persona and/or body and that of the applicable responsible official of the persona and/or body that on each occasion conducted the calibration after each occasion such service, maintenance and/or repair work of the said apparatus was undertaken.
3. On what measuring standard in terms of the Measuring Units and National Measuring Standards Act, 1973 (Act 76 of 1973) as amended does the apparatus function and in what Government Gazette was such measuring standard designated as such in terms of Section 7 of the aforesaid Act?
4. All the calibration certificates, if any, in respect of the specific apparatus used and specifically the certificate current at the date and time of the alleged commission of the offence, allegedly by the Accused.
5. Does the State allege that at the time of the alleged commission of the offence:
5.1 The apparatus was calibrated to measure speed and if so:
5.1.1 Was the hardware calibrated?
5.1.2 Was the software calibrated?
5.1.3 How was the calibration done in respect of:
5.1.3.1 The hardware?
5.1.3.2 The software?
5.2 The apparatus was calibrated to measure distance and if so:
5.2.1 Was the hardware calibrated?
5.2.2 Was the software calibrated?
5.2.3 How was the calibration done in respect of:
5.2.3.1 The hardware?
5.2.3.2 The software?
5.3 The apparatus was calibrated to measure time and if so:
5.3.1 Was the hardware calibrated?
5.3.2 Was the software calibrated?
5.3.3 How was the calibration done in respect of:
5.3.3.1 The hardware?
5.3.3.2 The software?
6. In the advent of the State calling one or more expert witnesses in this specific case:
6.1 A summary of the expert witness’/witnesses’ evidence;
6.2 A comprehensive cirriculum vitae of each such expert, in particular referring to his/her expertise in the fields of electronics, cybernetics (computers), radar and/or laser devices and analogue and/or digital image-capturing devices.
7. Does the State rely on any tests performed by any other party other than that of the witnesses the State intends to call? If so, the following information is required:
7.1 When and where those tests were performed;
7.2 The name of the entity and/or person performing the tests;
7.3 A precise and detailed description of the software and/or hardware in use when the above-mentioned tests were performed;
7.4 A precise and detailed description of the testing procedures employed;
7.5 A precise and detailed description of the standards and criteria applicable to the software, hardware and procedures used in the tests;
7.6 The environmental and other conditions under which those tests were performed;
7.7 The detailed results of the above-mentioned tests.
8. Does the State allege that it tested the said apparatus itself and if so:
8.1 When and where those tests were performed;
8.2 The name of the entity and/or person performing the tests;
8.3 A precise and detailed description of the software and/or hardware in use when the above-mentioned tests were performed;
8.4 A precise and detailed description of the testing procedures employed;
8.5 A precise and detailed description of the standards and criteria applicable to the software, hardware and procedures used in the tests;
8.6 The environmental and other conditions under which those tests were performed;
8.7 The detailed results of the above-mentioned tests.
9. Is there any test program(s) available to test and/or calibrate the functioning of the software and if so:
9.1 Full particulars of such program(s) is required;
9.2 Which of the programs specified above were used to calibrate the software?
9.3 Does the specified test program(s) take account of any error readings and if so:
9.3.1 How does each of the specified programs take account thereof?
9.3.2 The detailed results of the specific test(s) are required with specific reference to errors detected in the software applicable to the specific apparatus used at the date and time of the alleged commission of the offence.
10. Does the State allege that the officer and/or officers who handled, installed and/or operated the particular apparatus and its ancillary equipment:
10.1 Was properly trained with regard to that apparatus and its ancillary equipment in terms of the stipulated standards to be complied with in:
10.1.1 The handling of the particular apparatus and its ancillary equipment?
10.1.2 The installation of the particular apparatus and its ancillary equipment?
10.1.3 The operation of the particular apparatus and its ancillary equipment?
10.2 Was sent on one or more recognised/registered training courses?
10.3 Wrote any examinations and/or underwent independent competency tests?
10.4 If the answer to any of the above is positive, positive proof thereof together with the applicable written results of every such course undertaken by each officer is required.
The State’s attention is drawn to the fact that the manufacturer, supplier and/or distributor requires a training course and examination pursuant to an officer handling any apparatus.
11. Does the State allege that the particular apparatus and its ancillary equipment was set up properly and if so:
11.1 What set-up steps were performed, if any?
11.2 Who performed those set-up steps?
11.3 Is it alleged that those set-up steps were in strict compliance with the applicable standards and/or procedures stipulated by the manufacturer, supplier and/or distributor, and/or any other testing and/or regulatory body?
Dated at on this day of 2010
Forename(s) & Surname
THE ACCUSED
Contact Details