The Inge Lotz Case – The Inadmissibility of Roger Dixon’s Section 212 Affidavit

After Fred van der Vyver’s fingerprint was linked to a DVD cover that was found next to the murdered Inge Lotz’s body, the defence disputed the lift, and claimed that the police lifted the fingerprint (that would put Fred with Inge after 15:07 on the day of the murder) from a drinking glass instead, and intentionally switched it with the DVD lift in order to frame Fred for the crime.

The Appeals Court later found that, at most, it could have been a mislabelling mistake by the police. After the defence claimed it came from a drinking glass, the police/NPA sent the lift to Supt Roger Dixon, a geologist, who was working at the Forensic Lab in Pretoria, for verification. In a Section 212 Affidavit, Dixon also claimed that the lift was taken from a drinking glass, even identifying a specific glass.

This led the DPP to withdraw the fingerprint evidence. However, this Section 212 Affidavit by Roger Dixon, as this Discussion document will clearly show, was highly inadmissible. Given the impact that Dixon’s Section 212 had on the course of the case and the outcome, this is a very serious matter, and constitutes a grave error in law, also as Dixon did not testify and was thus not subjected to cross-examination (just as the purported alibi witness Shahana Toefy never testified to Fred’s alibi). Dixon’s 212 Affidavit was adduced into evidence by the defence.

Below are links to 1) Roger Dixon’s original Section 212 as faxed to DPP Adv Rodney de Kock, who on the same day of receiving the Affidavit – without checking its veracity – withdrew the fingerprint evidence (based on this flawed 212 Affidavit), and 2) our Discussion document that illustrates why this Section 212 Affidavit is not admissible, and why it should never have been accepted as evidence of any sorts. We have an authoritative legal opinion on it, which is available on request.

Get a Free print-replica e-copy of Bloody Lies Too below, which will illuminate some aspects around the fingerprint evidence and Roger Dixon’s Affidavit.

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