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A complaint against prosecutor Gerrie Nel has been rejected by the SA Human Rights Commission.
The complainant, Jan Landman, had asked the commission to probe the manner in which Nel conducted his cross-examination of murder-accused Oscar Pistorius.
The commission said in a statement on Tuesday that it had noted that the court had duly exercised its authority in the course of ongoing proceedings before it. "The witness was represented and a right of recourse was available through the courts to take steps should this be appropriate."
Landman, a former commissioner of the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities, requested that the SAHRC investigate and rule whether Nel was permitted to refer to Pistorius as a "liar" as he cross-examined him. Landman said it was his opinion that in calling Pistorius a liar, Nel infringed on his right to a fair trial. He claimed Nel further contravened Pistorius's right to be presumed innocent and his right to freedom of expression, and to ensure his dignity was respected and protected.
The commission said its powers in such matters are informed by a statute which did not allow it to investigate matters being heard before other judicial tribunals and forums, including the courts, unless the matter concerned processes. It urged the public to remain respectful of the authority of the court and the rights of commentators to expression.
